SHER SHAH KASI, CHAIRMAN -- Through the instant appeal filed under Section 4 of the Balochistan Service Tribunals Act, 1974 the appellant has made the following prayer:--- "declare that Impugned Order No. 3098-4002/16(1)/E, dated 22.03.2017, whereby major penalty of "dismissal from service" has been imposed on appellant is illegal, Without lawful authority , mala fide, void, capricious, arbitrary , in excess of jurisdiction or colourable exercise of jurisdiction; Set aside the aforesaid impugned order .
Re-instate the appellant in service with all back benefits; and Grant any other relief to which the appellan t is found entitled or which is deemed just and proper by this Hon'ble T ribunal in the facts and circumstances of the case."
2. Precisely stating the facts Of the case are that on the recommendations of Balochistan Public Service Commission, the appellant was appointed as ASI on 15.09.2008, in the Balochistan Police, and was further promoted to the rank of S.I., on 24.01.2012, and while posted at District Jaffarabad in the year, 2013 departmental disciplinary proceedings were initiated against him, on the basis of certain allegations that when he was posted as SHO Police Station City Sibi, following arms and ammunitions found missing/misappropriate from Kot of Police Station, Sibi:--- Sr.
No.Kind of Arms NumberMagazine Bullet Date after which missing
1. Rifle G-3 J06539 01 10 22.05.2013
2. SMG 03035 01 28 09.06.2013
3. Rifle G-3 J06197 01 20 13.06.2013
4. SMG 28100 01 10 23.07.2013 The aforesaid disciplinary proceedings ended in infliction of major penalty of dismi ssal from service vide impugned final order dated 11.02.2014, feeling aggrieved from the impugned order dated 11.02.2014, the appellant preferred departmental appeal on 06.03.2014, before the respondent No. 1 while, the said appeal was also rejected vide impugned appellate order dated 14.04.2014, after that the appellant filed S.A. No. 249/2014, which was partly allowed vide Judgment dated 17.09.2014, however it would be appropriate to reproduce the relevant Para of Judgment dated 17-09-2014, as under:-- "10. Consequently , the appeal is partly accepted by setting aside the impugned orders No. 1912-14/16 (1)E, dated 11.02.2014, and No. 15517-20/14(Misc:)/A-II, dated 14.04.2014, the appellant is reinstated in-service with directions to the respondents to conduct a de novo inquiry in accordance with applicable Rules/law (BEEDA Act, 2011) and in the light of above observations, within four months positively . However , the appellant is not entitled for salary , etc. from the date of his dismissal i.e. 11.02.2014, till to-date. With no order as to cost. Copy of this Judgment he sent to respondents for informat ion and compliance. File after completion be consigned to record."
After that; in pursuance of Judgment dated 17.09.2014, RPO, Naseerabad Region, Balochistan reinstated the appellant in service vide, order dated 24.11.2014, and de novo inquiry was initiated against the appellant while, SSP, Jaffarabad was appointed as Enquiry Of ficer and