1. MUNAWAR ALI KHAN (CHAIRMAN): --This order will cover four appeals bearing Nos. 49, 50, 51 and 52 of 1993 respectively filed by Fatehuddin Mallah, Syed Amanullah Shah, Ghulam Hyder Narijo and Abdul Sattar Shah. The first two appellants are S.I.Ps. And the other two appellants are Police Const9bles. All the appellants and their counsel Mr. Sardar Muhammad Ishaq are present and Mr. Abdul Latif Ansari, AA: G., is also present. Both the learned counsel submitted their arguments in support of their respective cases.
2. All the appellants were served with show-cause notice which is couched in same language. The relevant portion of the show-cause notice reads as under:-- "As per source report scrutinised by the District Committee you are mixed up with criminals."
3. All the four appellants have denied the above charge. Admittedly no other document was delivered to appellants alongwith the show-cause notice. The question would therefore arise if the charge levelled against the appellants was proved, calling for inflicting of punishment on the appellants. Obviously the case is based on two documents; namely, (i) show-cause notice, containing the above charge, and (ii) the appellants' reply containing the categorical denial of the charge. In this situation it was difficult to hold that the charge has been proved as required by sub- rule (4) of rule 6 of the Sindh Police (E&D) Rules, 1988. Moreover, the charge levelled against the appellants is vague and is of general nature. As such the impugned order whereby the appellants have been removed is not legally sustainable. This view is shared by both the learned appellants' counsel and the learned AA.-G. Accordingly with their consent appeal is allowed and the impugned order is set aside with no order as to costs. However, in view of the nature of the case it will be open to the Police authorities to take fresh proceedings against the appellants if they are 'in possession of authentic and tangible evidence to prove the charge against them. In that case the Authorised Officer will ensure that fresh proceedings will be conducted in strict compliance of the rules.