MAHMOOD AKHTAR vs THE SECRETARY TO THE GOVERNMENT OF PAKISTAN, ESTABLISHMENT DIVISION And Other
This matter arises from a petition impugning the judgment of the Federal Service Tribunal which dismissed the petitioner's service appeal. The petitioner, a permanent Lance Naik/Operator in the Bhitai Rangers, was accused of assisting in snatching a motorcycle and found guilty of misconduct. An enquiry was conducted under the Pakistan Rangers Ordinance, 1959, and the Pakistan Rangers (Efficiency, Discipline and Appeal) Rules, 1967, resulting in his conviction, reduction in rank, and dismissal from service, following which his departmental appeal was also dismissed. The core legal question concerned whether the petitioner was denied a fair trial and due process during the disciplinary proceedings. The Supreme Court held that the findings of the Tribunal were in consonance with the record, noting that the petitioner was caught red-handed with the robbed motorcycle and had confessed his guilt. Consequently, the petition for leave to appeal was refused, laying down that concurrent findings supported by direct evidence and confession do not warrant interference by the apex court.
- Whether a member of the Pakistan Rangers found guilty of misconduct and criminal acts is entitled to interference by the Supreme Court when findings are supported by record?
- Does the confession of guilt by an accused during a departmental enquiry cure alleged procedural defects regarding the opportunity of a fair trial?
- Section 15(1), Pakistan Rangers Ordinance 1959
- Rule 4, Pakistan Rangers (Efficiency, Discipline and Appeal) Rules 1967
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.