1. NASIM HASAN SHAH, J.--The petitioner was a Sub-Inspector of the Chenab Rangers. He was dismissed from service by the order of the Director-General, Pakistan Rangers, under section 15(1) of the West Pakistan Rangers Ordinance, 1959. On appeal to the Federal Service Tribunal, the order of dismissal was converted into one for removal from service. Except for the said modification, the appeal was rejected. Hence this petition for leave to appeal.
2. Three charges were levelled against the petitioner. The most serious of these was that he had used the criminal force against a civilian and as such committed misconduct in his capacity as a member of the force and his action fell under the mischief of section 15(1) of the West Pakistan Rangers Ordinance, 1959.
3. The contention of Mr. Shahzad Jehangir learned counsel for the petitioner before us was that use of criminal forces in the performance of duties does not amount to misconduct within the meaning of the Ordinance of 1959.
4. We cannot accept such a submission. The Services Tribunal which carefully studied the report of the Medical officer regarding injuries to the accused, found that the report showed multiple contusions on his which indicated that he had been subjected to severe physical Torturing an accused-person in custody of the police clearly amounts to "misconduct" and the mere fact that this term is not defined in the Ordinance would take such conduct out of the purview of "misconduct".
5. This petition has no force which is dismissed hereby.