TANWEER JAFAR vs THE SECRETARY TO THE GOVERNMENT OF PAKISTAN, MINISTRY OF INTERIOR, ISLAMABAD And Another
The petitioner, a Sub-Inspector of the Chenab Rangers, challenged his dismissal from service, which was subsequently modified to removal from service by the Federal Service Tribunal. The petitioner faced charges of misconduct, specifically involving the use of criminal force against a civilian while in custody. Before the Supreme Court, the petitioner argued that the use of criminal force during the performance of duties did not constitute misconduct under the West Pakistan Rangers Ordinance, 1959, particularly because the term 'misconduct' was not explicitly defined within the Ordinance. The Supreme Court rejected this contention, affirming the findings of the Federal Service Tribunal, which had relied on medical evidence of severe physical injuries to the victim. The Court held that torturing an accused person in custody clearly constitutes misconduct, regardless of the absence of a specific definition of the term within the governing statute. Consequently, the Court dismissed the petition, finding no merit in the argument that such actions fell outside the scope of disciplinary purview.
- Does the use of criminal force against a civilian in custody constitute misconduct for a member of the Pakistan Rangers?
- Can an act be classified as misconduct under the West Pakistan Rangers Ordinance 1959 even if the term is not explicitly defined in the statute?
- Section 15(1), West Pakistan Rangers Ordinance 1959
ORDER
1. NASIM HASAN SHAH, J.--The petitioner was a Sub-Inspector of the Chenab Rangers. He was dismissed from service by the order of the Director-General, Pakistan Rangers, under section 15(1) of the West Pakistan Rangers Ordinance, 1959. On appeal to the Federal Service Tribunal, the order of dismissal was converted into one for removal from service. Except for the said modification, the appeal was rejected. Hence this petition for leave to appeal.
2. Three charges were levelled against the petitioner. The most serious of these was that he had used the criminal force against a civilian and as such committed misconduct in his capacity as a member of the force and his action fell under the mischief of section 15(1) of the West Pakistan Rangers Ordinance, 1959.
3. The contention of Mr. Shahzad Jehangir learned counsel for the petitioner before us was that use of criminal forces in the performance of duties does not amount to misconduct within the meaning of the Ordinance of 1959.
4. We cannot accept such a submission. The Services Tribunal which carefully studied the report of the Medical officer regarding injuries to the accused, found that the report showed multiple contusions on his which indicated that he had been subjected to severe physical Torturing an accused-person in custody of the police clearly amounts to "misconduct" and the mere fact that this term is not defined in the Ordinance would take such conduct out of the purview of "misconduct".
5. This petition has no force which is dismissed hereby.