MUHAMMAD NASIR MAHFOOZ, J.---Through the instant petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner has prayed this Court for the following relief:- It is, therefore, humbly prayed that on acceptance of this writ petition, this Honourable Court may graciously be pleased:- i. To kindly set aside the punishment awarded to accused/petitioner . ii. To acquit the petitioner from all the charges levelled against him.
2. Brief facts of the case as per contents of the writ petition are that the petitioner was appointed as Tindal in the respondent department in the year, 21,10 and remained on the same post till August, 2019. The petitioner was allegedly charged for the issuance of fake appointment/enrolment letter and was tried by the department and resultantly , convicted with two years rigorous imprisonment under section 9(P) of Frontier Corps Ordinance, 1959.
Against that, petitioner submitted a departmental appeal on 28.12.2019 before respondent No.1 i.e. Secretary Interior , Government of Pakistan, Islamabad which is still pending without any response. Thereafter , petitioner filed W.P.No.2276-P/2020 before this Hon'ble Court which was decided vide order dated 23.04.2020 with the direction to respondent No.1 to decide the pending departmental appeal within a span of one month but despite the lapse of stipulated time, the appeal is still pending without any fruitful result or otherwise. The petitioner has now been informed that appeal has been dismissed by respondent. Feeling aggrieved therefrom, petitioner , having no other alternate, adequate and ef ficacious remedy , has filed the instant constitutional petition.
3. Respondents submitted their comments, and have appended letter dated 08.06.2020 addressed to the Additional Registrar (J) of this court, wherein appeal of petitioner has been rejected after providing him opportunity of hearing. Respondents have taken stron g exception to the conduct of petitioner of procuring forged appointment letters and embezzlement of money from the intending appointees. Finally , the petitioner was dismissed from service as well as sentenced to two years Rigorous imprisonment under the enabling provisions of Frontier Corps Ordinance, 1959.
4. We have heard arguments of learned counsel for the petitioner as well as learned counsel for the respondents and have perused the documents available on the file.
5. Earlier writ petition of the petition was disposed of with the direction to the respondent No.1 to decide his departmental appeal within one month which has been decided on 08.06.2020 and conveyed to the Additional Registrar of this Court. A certificate showing petitioner has been provided opportunity of hearing on 14.5.2020 is also appended with the comments. The petitioner also seeks his acquittal and setting aside the conviction besides dismissal from service. The record reveals that some serious allegations of fraud and corruption were levelled against the petitioner and was found involved in issuance of fake appointment letters in Frontier Corps by receiving monetary gain. Prior to his conviction and dismissal from service he was charge-sheeted and thereafter statement of witnesses were recorded by the court of inquiry and final order was issued duly endorsed by the Inspector General, Frontier Corps (North).
The instant petition lack sufficient documentary proof to hold that the proceedings were defective or that the punishment of conviction and dismissal is not compatible with the allegations levelled against him, hence the instant writ petition stands dismissed with no order as to cost.