NAZIM HUSSAIN SIDDIQUI, J. - The petitioner has impugned the judgment dated 25.9.2000 of learned Federal Service Tribunal, whereby his Appeal No. 775(K)/1998 was dismissed.
2. The petitioner had served as permanent Lance Naik/Operator in the Bhitai Rangers at Karachi till 10.3.1998. The allegation against him was that while serving in 51 Wing B.R. Karachi, he assisted Sepoy Muhammad Tariq in snatching a motor-cycle from a person at Drig Road, Karachi. He was also found guilty of misconduct as member of the force.
3. An enquiry was conducted against him by a committee, which consisted of 3 officers, namely It.
Col. Nusrat Nawaz, Wing Comd, Captain Asim Siddiqui Butt and Inspector Muhammad Saleem.
4. Charge was framed against him under Section 15(1) of the Pakistan Rangers Ordinance, 1959, read with Rule 4 of P.R. (ED and A) Rules, 1967. Charge was proved and he was convicted and sentenced to undergo 4 months' R.L, his rank was reduced to Sepoy and was also dismissed from service. It appears that he had also confessed his guilt.
5. On 16.3.1998, he preferred departmental appeal before Director General, Pakistan Rangers, Sindh Karachi, which was dismissed. Thereafter, he approached Federal Service Tribunal regarding dismissal from service alone but without any success and his appeal was dismissed by the judgment, which has been impugned in this petition.
6. It is contended on behalf of the petitioner that opportunity of fair trial was not given to the petitioner and for sufficient time he Was confined and kept in solitary confinement. Learned counsel also argued that, though at the stage of enquiry 6 witnesses were examined, but he was not permitted to defend himself according to the established judicial norms.
7. Above contentions have no force. Record reveals that the police had caught him red-handed alongwith robbed motor-cycle. Co-accused absconded away and is still at large. Finding of the Tribunal is in consonance with the facts available on record. No interference is warranted.
8. In consequence, leave to appeal is refused and the petition is dismissed.