1. ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of Federal Service Tribunal dated 4-8-1986 dismissing an appeal filed by petitioner and thereby upholding the order of the Superintendent of Pakistan Railway Police, Quetta dated 20-1-1985 by which petitioner was reverted to lower post, i.e. From. Assistant Sub-Inspector of Police (A.S.I.) to Head Constable.
2. Facts briefly stated are that while petitioner was posted as Assistant Sub-Inspector, departmental proceedings were held against him on the following charges:- "(1) That on 27-8-1984 you were spared, vide this office letter No.844-E/3-PRP(SC) 2879-86 dated 29-8-1984 to attend the 7th Basic Anti-Terrorist Squads Training 1984 course but you obtained Form G-92 and reported sick in Pakistan Railways Hospital at Machh.
(2) That on 17-9-1984 you were again selected for the said course, vide Ministry of Interior Islamabad letter No.1/37/84 TPG dated 17-9-1984 and were spared for this course vide this office letter No.844-E/3-PRP(SC) 3103-05 dated 20-9-1984 but you again obtained Form G-92 and reported sick in P.R. Hospital at Machh. On enquiry you were not found in the Hospital.
(3) As per the record maintained in the P.R. Hospital at Machh, you have manipulated to have been entered in the Hospital, as an outdoor patient, but you did not make an entry in the Daily diary of the Police Station to this effect.
(4) That during your sickness you visited P.R. Hospital at Quetta but you obtained no permission from the undersigned to leave your headquarters which is highly in disciplinary."
3. As a result of departmental enquiry and the report made by the Enquiry Officer who found petitioner guilty of the charges, the Superintendent of Police Pakistan Railway Quetta reverted the petitioner by the order dated 20-1-1985 to the lower post of Head Constable, as stated above.
4. Petitioner then filed departmental appeal which was dismissed and then he filed an appeal before the Service Tribunal which was also dismissed as stated above.
5. Mr. Basharatullah learned counsel for the petitioner submits that the Service Tribunal has failed to appreciate the plea raised by the petitioner that the departmental enquiry held against him was vitiated for the reason that he was not given a copy of the enquiry report when the final show- cause notice was issued to him and he was also not informed of the charges proved against him according to the report of the Enquiry Officer as per mandatory provisions laid down in this behalf under Rule 16-14(ix) of the Punjab Police Rules, 1934. In this regard learned counsel relied on the decision of this Court in the case of "Syed Mir Muhammad v. Government of N.-W.F.P. PLD 1981 SC 176"
6. It seems to be admitted position that a copy of the departmental enquiry report was not served on the petitioner with the final show cause notice dated 5-1-1985 issued to him. In this notice although the charges levelled against the petitioner have been mentioned but it is not shown which amongst the four charges were proved against the petitioner according to the report of the Enquiry Officer. The question also arises whether the rule laid down by this Court in the case of Syed Mir Muhammad v. Government of N.-W.F.P. That it is implicit requirement that a copy of enquiry report be furnished to accused official to enable him to offer his explanation with regard to adverse findings if any, recorded against him is also applicable to the cases of departmental enquiry under the Punjab Police Rule 1934.
7. These points deserve consideration of this Court. We, therefore, grant leave to appeal and allow the petition.
8. Appeal will be heard on the present record but it is open to the parties to file additional documents, if any.
9. It would be necessary to examine the record relating to the departmental enquiry held against the petitioner. Office shall send for it so as to be available at the hearing of the appeal.