GULZAR AHMED, C.J.---The Respondent, Muhammad Irfan was employed as a Junior Clerk in the office of District Police Officer, Mianwali. Two FIRs were registered against him, one being FIR No.75 of 2012 dated 25.03.2012 under sections 13/20/65, Arms Ordinance at Police Station Saddar , Mianwali. In this very case FIR, the Respondent has appeared before a Judicial Magistrate (Section 30), Mianwali on 19.03.2014, made a confessional statement and also sought pardon. The Judicial Magistrate upon such confession recorded a conviction against the Respondent under sections 13/20/65, Arms Ordinance and sentenced him to one year's S.I. However , such sentence was suspended and the Respondent was put on probation on his furnishing bail bond in the sum of Rs.50,000/-.
2. The learned Additional Advocate General, Punjab contends that in the very terms of Rule 16(2) of the Police Rules, 1934 a police employee who is convicted of an offence could not be retaine d in service and his services are liable to be dismissed.
3. Learned counsel for the Respondent was confronted with the above narrated position. He has nothing to say in response to the same, however prays that a lenient view may be taken against the Respondent.
4. We have noted that the Punjab Service Tribunal ("the Tribunal ") has proceeded altogether on erroneous grounds in coming to the conclusion that the criminal case against the Respondent resulted in his acquittal, whereas such is not the case on record. The Respondent himself having confessed his guilt and then having been convicted and sentenced in terms of the Rules noted above could not be awarded the punishment less than what has been provided in the Rules i.e. dism issal from service. Learned counsel for the Respondent was unable to support the impugned judgment passed by the Tribunal.
5. Consequently , by setting aside the impugned judgment dated 10.05.2019, we convert this petition into an appeal and allow the same. C.M.As. are also disposed of accordingly .