ZULFIQAR ALI vs SUPERINTENDENT OF POLICE and others

' MUNIR A. SHEIKH, J.---This petition is directed against the judgment, dated 15-2-2002 passed by the Punjab Service Tribunal, Lahore in Appeal No,634 of 2001 whereby the appeal filed by the petitioner against the order of the Departmental Authority has been dismissed.

2. The petitioner while working as Sub Inspector of Police was proceeded against on the charge of embezzlement and misappropriation etc. In the Account Branch of his office under the Police (Efficiency and Discipline) Rules, 1975. An Inquiry Officer was appointed who after holding Inquiry found the petitioner guilty of the charges, as a consequence of which on 24-7-1997 the Superintendent of' Police Headquarter, Lahore who was the Authority in the case of the petitioner passed the impugned order holding that the petitioner was responsible of embezzlement of Government money drawn through bogus TA/DA bills and dismissed him from service. He preferred departmental appeal before the D.I.-G., Lahore Range. The Appellate Authority heard the petitioner where he contended that his failure to join the inquiry was because he was busy in upper class examination and later had been taken into custody by the police in a criminal case. The D.I.- G. During pendency of the departmental appeal, provisionally reinstated the petitioner and appointed Mr. Muhammad Azim Khan, S.P. (D&I) as Inquiry Officer. He recorded the evidence in the presence of the petitioner. He submitted his inquiry report. The said Enquiry Officer in his report exonerated the petitioner which was rejected by the D.I.-G. Who however, deputed S.S.P. Crime Range, Lahore to re-examine the report made by the Enquiry Officer and submit his report who in his report, dated 1-8-2000 stated that the report of the Enquiry Officer Muhammad Azim Khan was not based on correct appreciation of material on the record, which according to him was sufficient to prove charges against the petitioner upon which the D.I.-G. Dismissed the appeal and maintained order of dismissal, dated 23-7-1997. The petitioner filed revision petition which was also dismissed. He preferred an appeal before the Punjab Service Tribunal, Lahore, which has been dismissed vide impugned order, dated 15-2-2002 hence this petition for leave to appeal.

3. Learned counsel for the petitioner submitted that S.S.P. Crime Range was not formally appointed as Inquiry Officer, therefore, he could not act as such, therefore, no order could be based on his inquiry report.

4. We have gone through the impugned judgment as well as appeal filed by the petitioner before the Punjab Service Tribunal wherein it was admitted that S.S.P. Crime Range summoned the petitioner and he was heard on different dates. We are also in agreement that S.S.P. Crime had in fact not been appointed as Inquiry Officer but he was deputed to examine the report of the inquiry officer alongwith the record to assist the D.I.-G. For proper disposal of appeal pending before him as from the department side, it was argued that the report of the Inquiry Officer was contrary to the material available on the record. The report made by S.S.P. Crimes Range on 1-8-2000 actually pointed out the material and the evidence available on record which was not taken into Consideration, by the Inquiry Officer who exonerated the petitioner. If the said evidence and material which was pointed out by S.S.P. Crimes Range in his report, dated 1-8-2000 was taken into consideration by the D.I.-G. While deciding the appeal, no illegality can be said to have been committed, for the appellate authority was fully competent to overrule the findings of the Inquiry Officer on the ground that the same had suffered from non-reading or misreading of the record.

The D.I.-G. In appeal acted justly and fairly.

5. The findings of facts recorded by the departmental authorities in this case and those recorded by the Tribunal as well in appeal do not suffer from any illegality.

6. For the foregoing reasons, this petition has no merits which is accordingly dismissed and leave refused.