MUNIR A. SHEIKH, J.-- The petitioner who was ASI was proceeded against departmentally for misconduct on the following charges:- "You Altaf Hussain No.205 while posted at P.S. Midh Ranch did not perform your official duties in an appropriate manner that Gulzar Ahmad alias Gulzari s/o Malko, caste Ranch was P.O. In case FIR Nos. 221/89, 96/93, u/Ss. 307/353/148/149, PPC and 337/F of P.S. Midh Ranch. He was also P.O. In case FIR No.134/92, u/S. 302/382/148/149, PPC, P.S. Lalian, District Jhang. He was arrested by Hafizabad Police in case FIR No. 119/94, u/S. 13.20.65 Arms Ordinance on 13.4.1994. He was transferred from Hafizabad to P.S Lalian and finally shifted to Judicial custody in case FIR No.134/92 u/S. 302/382/148/149, PPC and confined in District Jail Jhang.
2. Gulzari was also wanted by P.S Kot Momen in case FIR 35/94, u/S. 379/411, PPC. SI Farhat Mahmood arrested him as P.O. Of his P.S. On 17.7.1994 at Jhang and shifted him in judicial custody at Jhang, after completing his investigation.
3. Subsequently, you got transferred the said desperado from District Jail Jhang to P.S. Midh Ranch on 4.8.1994. On 5.8.1994, you took out the criminal from Lock Up and sat (sic) him in your room at the P.S. Without putting hand-cuffs, who made good his escape. This all happened due to sheer gross negligence on your part, warranting disciplinary action against you.
4. Case FIR Nos. 83 and 84/94 under Sections 223/224, PPC was registered at P.S. Midh Ranch regarding escape of the above said hardened criminal".
2. It was found from the record that the petitioner took the custody of an accused person Gulzar Ahmad alias Gulzari who escaped from his custody for which he was responsible. In the reply to the show cause notice, the petitioner did not claim that the key of the lock up where the said accused was put was with one Masood Alam. He merely denied the charges. The departmental authority after considering the charges and perusing the record came to the conclusion that it was the petitioner who was responsible for the escape of under trial prisoner Gulzari, therefore, penalty of dismissal from service was imposed which was challenged by him through service appeal before the Punjab Service Tribunal which has been dismissed through the impugned judgment dated 29.7.1999 against which leave is sought.
3. We have noticed that during the hearing of the appeal before the service Tribunal, the case made out by the petitioner was that the key of the lock up where the accused was lodged was with one Masood Alam. The Service Tribunal observed that this plea was never taken in reply to the show cause notice and was an after thought. The Tribunal also came to the conclusion that the Department had evidence with it i.e. They did not only proceed against the petitioner departmentally but had also got a case registered through FIR.
4. Learned counsel for the respondent submitted that mere registration of criminal case was not sufficient to hold that charges in the departmental proceedings against the petitioner has been proved.
5. The argument has no force, for the petitioner has not been imposed penalty merely on the basis of a criminal case having been regiStered against him. Reference to registration of criminal case against the petitioner has been made only to highlight the position of the respondent-department.
They did not proceed against the petitioner departmentally merely on the ground that criminal case had been registered. The order of dismissal from service has been passed against the petitioner independently from the said act of registration of criminal case against him, therefore, it could not be argued that the order was based on the said criminal case only.
6. No question of law of public importance is involved in this case. The petitioner has brought before this court an individual grievance and the findings of facts recorded by the departmental authority and the Service Tribunal have not been shown to have suffered from any legal infirmity.
7. For the foregoing reasons, this petition has no merits which is accordingly dismissed and .