Brief facts of the case are that the appellant was proceeded against departmentally under Punjab Civil Servants (E&D), Rules, 1999 on the following charges: "Reference No, 1 (Order No, 18727-32/AD-1, dated 15.12.2015 You while posted as P A to SSP/Operation, Multan committed the following acts of omission and commission:--- (i). As per enquiry report conducted by enquiry team comprising A/DIG, DSP legal and PS to RPO/Multan, the induction of Driver/Constable Muhammad Arif 112/DRC was found illegal/bogus. In this regard, case FIR u/w 420/468/471, PPC was registered against him at PS Old Kotwali, Multan. Due to registration of criminal case, he was placed under suspension by SSP/ Operations, Multan vide his Office Order No, 4166 /PA, dated 20.11.2013 and a show-cause notice bearing his office No, 2296/P A, dated 20.11.2013 was served upon him. After personal hearing, he was awarded punishment of reduction in pay by one stage vide his-of fice Order No, 4459/P A, dated 6.12.2013. This order was also entered in Dispatch Register of PA/SSP Operations, Multan but another type of entry was also entered in the said register with same No, 4459, dated 6.12.2013 . The said order was not order booked, entered in his service roll and also not placed at his Fauji Missal/Service Roll. Further , no deduction in pay made by the Account Branch.
(ii) Dak Behi of PA/SSP Operations, Multan for the said period was not produce d and reportedly the same was missing.
(iii) You did not deliver the said order to the concerned branches i.e. Order Book Branch, 0/SI, Account Branch, SRC Branch etc.
(iv) During enquiry you produced the following documents, which were purported to have misplaced in the office of SSP/Operations Multan:-- Original Order No, 4459/P A, dated 6.12.2013. Show-Cause Notice No, 2296/P A, dated 20.1 1.2013. Reply of Show-Cause Notice by Muhammad Arif No, 1 122/DRC. Copy of original report against Muhammad Arif No, 1122/DRC involved in case FIR No, 351/13 prepared by SHO /PS Old Kotwali duly verified by DSP/SDPO and SP/Guldasht Division, Multan.
(v) The enquiry committee recommended that the punishment order was not delivered to Account Branch, SRC and 0/SI Branch due -to which the Driver Constable Muhammad Arif No, 1122/DRC had drawn his salary withy all allowances. This act of your and dispatch (HC Muhammad Aamir No, 3115/HC, Record Keeper PA Branch) became the cause of financial loss of government treasurer .
Reference No, 2 (Order No, 18715-20/Ad-I, dated 15 12.2015)
You while posted as P A to SSP/Operations, Multan, committed the following acts of omission and commission:-- (i). As per report of RPO/Multan, you were transferred on complain of SSP/Operations, Multan and posted as PA to SSP/RIB, Multan, RPO, Multan recommended two departmental actions vide letters dated 11.02.2014 and dated 12.7.2014. The concerned dealing hands i.e. Muhammad Sajid Abbasi, Sr.Clerk, RPO Office, Multan being your league facilitated you in your posting back as PA to SSP/Operations, Multan by concealing the background of the case in his of fice noting.
(ii) You were transferred from PA to SSP/O perations, Multan and closed to CPO Office, Multan vide his office Order No, 43491/E-V , dated 18.8.2015, during shifting of long tenure policy . Thereafter , you approached RPO, Multan for your again posting with SSP/Operations, Multan. In this regard, you were summoned in Orderly Room on 02.11.2015 for personal hearing. Muhammad Sajid Abbasi, Sr.Clerk, RPO Office, Multan again concealed the facts/background just to hoodwink the senior and attempted to facilitate you in getting posting of your choice."
Two enquiries into the allegations leveled against the appellant were conducted by Mr. Muhammad Haroon Joya, Addl. SP (Ops), City Lahore and resultantly , vide Order No, 8199/Ad-IV , dated 03.06.201 6, the appellant was awarded major penalty of "Compulsory Retirement, from Service" by Respondent No, 2 i.e. Addl. IGP Establishment, Punjab. Feeling aggrieved, the appellant preferred departmental appeal before Respondent No, 1 i.e. IGP Punjab, who vide Order No, 3640/Ad-IV(K-03/14-1 1-b), dated 15.3.2017 rejected the same. Hence, this appeal.
2. Arguments of learned counsel for the appellant and the learned District Attorney have been heard. Contents of memorandum of appeal and parawise comments of fered by the respondents have also been perused.
3. It has been observed that the appellan t has been awarded major penalty of compulsory retirement from service on the basis of the enquiries, which were not conducted in proper manner . Perusal of the record reveals that in both the enquiries, the appellant was not given a chance of cross-exanimation upon the witnesses who allegedly deposed against the appellant and hence he was condemned unheard. Reliance is placed on 1996 SCMR 802 and 1999 SCMR 2321 .
As per contents of the charge sheet, regarding the first charge, it is evident that the punishment order of Muhammad Arif was entered in the Dispatch Register as well as in the Show-Cause Notice Register by head Constable Muhammad Amir, so if there was any double entry or missing in the dispatch register , the aforementioned Head Constable Muhammad Amir being custodian of the dispatch register , was responsible.
Although, Head Constable Muhammad Amir was also proceeded against, but in extremely distinguished and discriminatory manner and was awarded mere a minor penalty of Reduction in pay by two stages, which is against the spirit of Article 25 of Constitution of Islamic Republic of Pakistan, which ensures that "all citizens are equal before the law and are entitled to equal protection of law".
As regards the second charge is concerned, bare perusal of the same transpires that the same is altogether against Muhammad Sajid Abbasi, Senior Clerk, RPO Office, Multan that he did not, submitted complete bio-data of the appellant before RPO Multan during Orderly Room and in this way he had facilitated the appellant for his posting back as PA to SSP/Operations, Multan. Not a single word in this charge is worth the term "Charge against the appellant."
4. In the light of the above-discussed reasons, I am of the view that the appellant has been given quite harsh and discriminatory treatment as co-accused of the appellant namely Muhammad Aamir , Head Constable No, 3115 was treated by the authorities in a totally diverse manner by awarding him minor penalty of reduction in pay by two stages, vide order dated 06.02.2016 issued by City Police Officer, Multan. Therefore, the instant appeal is accepted, the impugned Order No, 8199/ AD-IV , dated 03.06.2016 passed by Resp ondent No, 2 and the impugned Order No, 3640/Ad-IV(K-03/14-II-b), dated 15.03.2017 passed by Respondent No, 1 are set aside and the appellant is reinstated into service from the date of order of his compulsory retirement from service. However , the case is remanded to the competent authority i.e. Respondent No, 2 for denovo proceedings through the process of a fresh regular departmental enquiry into the allegations against the appellant. The competent authority shall ensure that the enquiry is conducted in a proper and efficient manner in accordanc e with the procedure prescribed under the relevant law and a proper and meaningful enquiry report is prepared which should essentially reflect the facts of the case, the allegations against the appellant and his reply to the same, the statements of the witnesses and their cross-examination by the appellant and the documentary evidence if any and the findings given therein are substantiated with proper reasons and facts and figures. On finalization of the enquiry proceedings, the authority shall decide the matter afresh through a speaking order containing prope r findings supported with cogent reasons and keeping in view that the appellant is treated at par with his co-accus ed Head Constable Muhammad Aamir No, 3115 and no discrimination is made to the appellant. On the basis of the outcome of the denovo proceedings, the authority shall also determine the status of the intervening period during which the appellant remained out of service. Disposed of.