MAHMOOD AKHTAR vs SECRETARY TO THE GOVERNMENT OF PAKISTAN, ESTABLISHMENT DIVISION and 2 others
This matter arises from a petition impugning the judgment of the Federal Service Tribunal which dismissed the petitioner's service appeal against his conviction, reduction in rank, and dismissal from service. The core legal question concerns the validity of disciplinary proceedings and the denial of a fair trial where the petitioner was convicted of misconduct and involvement in a robbery while serving as a Lance Naik in the Bhitai Rangers. The Supreme Court of Pakistan held that the concurrent findings of the departmental authorities and 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 Court refused leave to appeal and dismissed the petition. The key principle laid down is that where guilt is established through reliable evidence and confession in disciplinary proceedings, interference by the apex court with the Service Tribunal's findings is unwarranted.
- Whether the Supreme Court will interfere with the factual findings of the Federal Service Tribunal in service matters when guilt is established on record?
- Does a confession of guilt during disciplinary proceedings negate claims of being denied a fair trial?
- Whether involvement in a criminal act while serving as a member of a disciplined force justifies dismissal from service and reduction in rank?
- 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 of 1998 was dismissed.
2. The petitioner had served as permanent Lance Naik/Operator in the Bhitai Rangers at Karach 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 motorcycle 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 Lt.-Col. Nusrat Nawaz, Wing Comd, Captain Asim Siddique 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. (E.D. And A) Rules, 1967. Charge was proved and he was convicted and sentenced to undergo 4 months' R.I., 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 along with robbed motorcycle. 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.