JUDGMENTJUSTICE (RTD) MUNAWAR ALI KHAN,CHAIRMAN.-The appellant Naeen Ahmed was a police constable,Diplo when he was placed under suspension.Following the suspension a disciplinary action was initiated against him.He was served with charge sheet accompanied by statement of allegations on8.8.1987, to which he submitted his detailed reply.Mr.Muhammad Bashir,Sub Divisional Police Officer,Mithi was appointed,an Enquiry Officer to make enquiry into the charges against the appellant.On receipt of his findings,final show cause notice was issued to the accused officialAfter giving the appellant personal hearing the S.P,Tharparkar passed the order dated 27.7.1988,whereby the appellant was dismissed from service.He challenged the order of his dismissal in departmental appeal. Before the D.I.G.P,but the said appeal was rejected vide the DIGP's order dated 19.12.1988.Thereafter the appellant went in Revision to the IGP but that too was dismissed as per IGP's order dated 17.9.1989.Having failed to obtain relief from the departmental authorities,the appellant filed the present service appeal before this Tribunal.
We heard the arguments of the appellant's learned counsel, Mr.Salman Ansari and the learned AAG.We also went through all the documents relevant for disposal of the appeal.
2. As disclosed in the statement of allegations the appellant faced the enquiry on two charges;namely,first,he collected a total amount of Rs.16,000/- as illegal gratification from eight prostitutes of the brothel whose names are specified in the statement and,second,being a member of regular and disciplined force the appellant brought bad name to the Police Department by having illicit terms with the prostitutes of the brothel.
3. According to the enquiry report the first charge remained un- proved.Despite the best efforts to locate the prostitutes,who had allegedly paid the illegal gratification,their attendence could not be procured.In this connection we may refer to the observations of the Enquiry Officer which read as under:"I have issued so many notices for causing the attendence of PWs (these women) but every time the SHO Town has shown his inability........ That constant raids were conducted in Brothel area bythe SHO Town and Inspector CIA Mirpurkhas.These Women who were to be examined as PWs have shifed their dwellings to some unknown Towns of Sind and Punjab As a result of which their attendence remained un-procured.
In addition to that I myself attempted to located these Women and their guardians,but none could be locate.For the purpose of obtaining evidence of these Women and their so-called quardians in regard to the corruption on the part of the defaulter the proceedings were allowed to protract on but of noavail.Therefore for want of evidence of victim Women count No.1,remained un-proved."
4. As regards the second charge the Enquiry Officer relied upon the appellant's own admission.The relevant part of his admission as reflected in his reply to the chargesheet is in the following words:
5. "In fact I had married with one MsfAkhtari' daugther of Dost Muhammad Bhatti belonging to the brothel at the intervention of some nekmards to leave brothel and to pass a happy, matrimonial and respectable life in futureAfter the marriage with the aforesaid women,I kept her in my house. ...................... Due to my bad luck,the women shown in the summary of allegations started visiting my house frequently...................... Mst Akhtari asked above women not to visit her house but they had been continuously visiting my house,therefore,I prevented them not to come to my house and this annoyed them and they started compaign against me.
6. The learned Line Officer got vacated my quarter at once on the night of Baqra Eid and without any notice After vacation of the quarter I shifted MstAkhtari to Siyal Colony but the above mentioned women did not stop to come to my house and ultimately I have to pronounce the Divorce to Mst Akhtari
7. The appellant's above statement is self-speaking.He has made no secret of having married one of the prostitutes of the brothel namely Msf. Akhtari.Obviously this could have happened only after his frequent visits to the brothel resulting in development of his illicit connections with the women of that area.Excepting his solitary word there is no evidence with regard to the said marriage.He has attempted in vain to explain that his marriage with Mst.Akhtari was due to intervention of some nekmards.He has neither named those nekmards nor has examined them in his defence in course of the enquiry.Further more, it is appellant's own admission that after his so-called marriage with Mst. Akhtari, the prostitutes named in the statement of allegations kept visitor his quarter which admittedly situated in the Police Lines.Lt seen the nuisance of the prostitutes so vitiated the environments that the officer in charge of the Police Lines was compelled to get the appellant vacate his quarter.This is not denied by the appellant himself who has further admitted that after vacation of the quarter in Police Lines he shifted Mst.Akhtari to Siyal Colony but there too the prostitutes of the brothel kept visiting his house.He has further stated that ultimately he had to divorce Mst. Akhtari because visits of the women of the brothel to her did not stop.
8. . After taking into consideration the above revealing admission the part of the appellant,we are inclined to agree with the findings of the Enquiry Officer that the second charge was proved against the appellant.The Enquiry Officer has expressed his findings on the second charge in the following words:The defaulter's inculpatory admission,discussed in para Supra was the irresistible proof of his being a bad reputed Police Officer,which involves his moral turpitude.It needs no further elucidations to lay emphasis on."
In view of the above discussion we hold that the second charge is proved against the appellant.
9. Apart from the above,the appeal suffers a legal lacuna and is hit by limitation.The appellant's departmental appeal was rejected by the DIGP by his order dated 19.12.1988.1nstead of coming to this Tribunal within 30 days of the said order .Latest by 17.1.1989,the appellant chose to approach the IGP As he had right of only one appeal which was exhausted with passing of the DIGP's order referred to above,the period wasted by him going to the IGP was not legally condonable As has been held by this Tribunal in several cases,after rejection of the departmental appeal by the DIGP,further approach to IGP was in the nature of second appeal which is not permitted under the law.Since police personnel have to be placed at par with other Civil Servants in regard to filing of departmental appeal,coneesside of allowing police personnel to go to the IGP after rejection of the departmental appeal at the level of the DIG,would obviously amount to discrimination which can not be legally allowed.
For above reasons the appeal is dismissed with no order as to costs.
Given under our hands and seal of this Tribunal this 20th day of June,1990.