MALIK ZAWWAR HUSSAIN (MEMBER).-Muhammad Inayat Ullah, Inspector No. S-31, Circle Officer, Anti-Corruption Establishment, Faisalabad has filed this appeal under section 4 of the Punjab Service Tribunal Act 1974 in which he has impleaded the Inspector-General of Police, Lahore and the Deputy Inspector-General of Police, Sargodha Range Sargodha as respondents.
2. By virtue of this appeal he has prayed that the order of the Inspector General of Police conveyed vide No. S/116447/81, dated 5-9-1981 be set aside and the adverse remarks given to him for the year 1979 be expunged from his character rolls.
3. Brief facts of the case are that while the appellant was working as Inspector C. I. A. Jhang, he was adversely reported against by the Deputy Inspector-General of Police, Sargodha Range, Sargodha for his work and conduct pertaining to the year 1979. These remarks were conveyed to him by the Inspector-General of police vide his office memo. Dated 8-7-1980 ; which are reproduced hereunder for the sake of convenience :- "12 Rating as Leader of men.
(b) Readiness to expose subordinates Below average.
This Inspector had let down the District Police by involving innocent persons in a docoity case in spite of my specific instructions that no harm should be given to any one who had no part to play in the commission of that offence."
The appellant submitted a representation for the expunction o-- adverse remarks to the Inspector- General of Police, Punjab; Lahore which was followed by a reminder -containing --additional grounds for expunction of adverse remarks. While deciding these. Representations, the Addl.
Inspector-General of Police; Punjab heard the appellant in person and was not satisfied with his explanation and dismissed his representation against the adverse remarks vide his office Memo.
No. S/16497/81, dated 5-9-1981. Hence this appeal.
3. We have heard the parties. It has been argued on behalf of the appellant that the remarks regarding his readiness to expose his subordinates as below average is against the facts proved on record because the appellant had recorded a number of reports in the daily diary register against his subordinates and also submitted complaints against them to higher authorities.
Regarding the remarks that he let down the District Police by involving innocent persons in a decoity case, it has been argued that the appellant had arrested the real culprits which were let of and got discharged by S. I. Muhammad Sadiq, the then S. H. O. Sadar and in fact he had roped in and challaned innocent persons which were acquitted by the Special Military Court, as such these remarks are also uncalled for and are without any substance. Controverting these arguments it has been argued by the learned District Attorney that Mr. Ali Irfan Malli, the then Deputy Inspector- General of Police, Sargodha Range, Sargodha was called upon to justify his remarks on the representation of the appellant for expunction of the adverse remarks and he has substantiated the same by quoting examples in his comments dated 10-1-1981. It has also been submitted that the said Reporting Officer has also enclosed a letter of displeasure dated 9-12-1979, which was conveyed to the appellant. Thus it has been concluded by the learned District Attorney that the remarks were fully substantiated by the said Reporting Officer.
4. We have given our anxious thoughts to the arguments of the parties and have also perused the record including the comments of the Reporting Officer on the representations of the appellant and the letter of displeasure dated 9-12-1979 conveyed to the appellant. So far as the rating of the appellant as below average regarding exposing his subordinates is concerned, the appellant has placed on record a large number of copies of reports of the daily Dairy Register as well as applications which are all against his subordinates. Even the Reporting Officer has not stated anything in his comments to justify these remarks recorded by him against the appellant. In the absence of any rebuttal and in view of the documents placed on record by the appellant, we are of the considered view that these remarks recorded by the Reporting Officer are unjustified and without any foundation and are liable to be expunged. Thus we order that the rating of the appellant as below average against entry in para. 12 regarding readiness to expose subordinates be expunged.
5. So far as the remarks regarding involving innocent persons in a decoity case are concerned, we have carefully gone through the comments of the Reporting Officer and the letter of displeasure addressse d to the Superintendent of Police, Jhang conveying, the displeasure of the. Deputy Inspector-General of Police, Sargodha Range, Sargodha against the appellant. . It has been explained by the Reporting Officer, i.e. Ali Irfan Malli, the then D. I.-G. Police, that decoity had been committed at 00.45 hours during the night between 21/22nd July, 1979 within the area of Police Station 18-Hazari, District Jhang which was being investigated by the appellant. During the same night a car was stolen at Bhakkar in District Mianwali between 24-00 hours and 01.00 hours on 22- 7-1979. This car was recovered by the Police Station Piplan and the accused were arrested and these persons were ordinary thieves and they had not committed decoity, sixty miles away, in area 9f Police Station ,18-Hazari but the appellant and his subordinates got these petty thieves transferred to Jhang and were interrogated The appellant and his subordinates planted bogus recoveries, ereated false evidence and managed sham identi--fication of the so-called accused, but later on they were found to be innocent. The said Reporting Officer has also stated that S. I.
Muhammad Sadiq received a secret information regarding the actual culprits of the decoity and arrested Muhammad Nawaz, ,Ghulam Shabbir, Lal Khan. Muhammad Iqbal and Qurban Ali driver and recovered stolen property from their possession, besides unlicensed Rifle, a Revolver and other fire arms. These accused were later on identified by the Bug Driver and the Conductor of the Bus. It has also been explained by the Reporting Officer that Muhammad Iqbal one of the culprits voluntarily submitted an applica--tion to Illaqa Magistrate that he be tendered pardon and be made an approver. Consequently the pardon was tendered to him and he made a clean breast of the whole affairs narrating all the details of the dacoity. However we find from the record as well as comments of the Reporting officer that the main accused in the dacoity case were acquitted by the Special Military Court and the approver was convicted. The Reporting officer has explained that the appellant prevailed upon the approver by exercising under influence, resulting that he resiled from his previous statement made by him before the Magistrate under section 164, Cr. P.C. Which resulted in the acquittal of the main accused. However, this con--fessional statement of the approver was read against Muhammad Iqbal approver at trial and he was convicted Thus the Reporting Officer has --justified that the accused of the theft case of Police Station Bhakkar were falsely implicated by the appellant in a decoity of Police Station 18-Hazari. We also find that vide his letter dated 9-12-1979, the said Reporting Officer has also conveyed a letter of displeasure on the performance of C.I.A. Jhang as well as that of the appellant. Thus these facts go to prove that there was strong justification for the Reporting Officer to record these remarks against the appellant. In view of this discussion, we hot that the Reporting Officer as fully justified his remarks that the appellant had let down the Police by involving the innocent persons in a dacoity case. Thus the appeal is liable to be dismissed, to that extent and we order that these remarks to be remained intact.
6. In view of the above discussion, the appeal is partly accepted to the extent indicated above.
There will be no order as to costs.