' MANZOOR HUSSAIN SIAL, J.---The petitioner seeks leave to appeal against order dated 31-8-1994 of the N.-W.F.P. Service Tribunal, Peshawar, whereby his Service Appeal No,367 of 1993 was dismissed.
2. The petitioner while serving as Inspector of Police (CIA) was proceeded against for making false statement before the Speedy Trial Court in a case F.I.R. No,281 dated 4/5-5-1991 registered at Police Station, University Town, Peshawar and thereby defaming a Senior Police Officer of the rank of Deputy Inspector-General of Police.
3. As a result of the inquiry he was found guilty of negligence/inefficiency and compulsorily retired from service with effect from 10-8-1993 by the Deputy Inspector-General of Police. He preferred an appeal before the Inspector-General of Police, Peshawar, but the same was dismissed on 28-11- 1993.
4. Aggrieved by the aforesaid orders of the Departmental Authorities he filed appeal before N.- W.F.P. Service Tribunal, Peshawar, which was dismissed vide impugned order, referred to above.
5. Learned counsel for petitioner contended that the evidence on the record had been misread. He relied on A.U. Musarrat v. Government of West Pakistan (PLD 1977 SC 24) to contend that the penalty imposed upon the petitioner was far excessive.
6. After hearing learned counsel for petitioner leave to appeal is granted to re-appraise evidence on the record and to consider whether the penalty imposed upon the petitioner was justifiable in law.,