BEFORE THE PUNJAB SERVICE TRIBUNAL

LAHORE
Appeal No. /2023 dated 2023

Muhammad Tasawar Ramzan Ex-Sub-Inspector No. F/66 of Faisalabad

District SON of Muhammad Ramzan resident of Street No.1 Mohallah
Altaf Town, Islam Pura, Jaranwala District Faisalabad.
.......Appellant
VERSUS

1. Superintendent of Police, Iqbal Division, Faisalabad

2. City Police Officer, Faisalabad

…....Respondents

An appeal under section 4 of the Punjab Service Tribunal Act, 1974

read with Punjab Police (E&D) Rules, 1975 against the punishment
of “Dismissal from Service” awarded by the Respondent No.1 vide

Order No. 625/PA-IT, dated 07.04.2023. Then appellant filed a

departmental appeal before the Respondent No.2 who rejected the

same vide Order No. 1003/Appeal dated 06.06.2023.

Respected Sir,

Having been aggrieved by the impugned order, appellant

invokes the jurisdiction of this honorable court, for sympathetic
consideration on the following grounds:-

1. That appellant was got enlisted in Police Department with effect from
16.03.2015 as a Sub-Inspector through Punjab Public Service
Commission on the basis of Bachelor of Sciences academic
qualification, later on appellant got confirmed in year 2021. That
during the entire period of service performed official duties in an
efficient manner by observing the departmental discipline strictly.

2. The brief facts of the case are that appellant was served with a Charge
Sheet alongwith Statement of Allegation bearing No. 508/PA-IT dated
24.03.2023, by the Respondent No.1 under Punjab Police (E&D)
Rules, 1975. Containing the following allegations in that:-

“On 24.03.2023, the undersigned perused the case files of case FIR
No. 581/22 dated 06.04.2022 u/s 302/324/148/149/337-F(vi)/337-
 F(iv)/337-F(iii)/337-F(i) PPC & FIR No. 178/23 dated 03.02.2023 u/s
386/5006-B/337H(2)/447/511 PPC PS Sadar, Faisalabad it revealed
that the learned court sent accused person namely Waqas Shah s/o
Ghulam Dastgir behind the judicial bar. But after elapsed of
considerable period, he being I.O of above mentioned cases did not
comply with the court orders under some ulterior motive.
Furthermore, in this context the undersigned issued directions time
& again to him to obey the court orders but he paid deaf ears towards
the directions Waqas Shah had already been challaned in heinous
nature cases. Moreover, it came to mentioned cases to make a
compromise with accused person namely Waqas Shah. It clearly
depicted provide shelter to Waqas Shah in above-mentioned cases.
All this showed his non-professional attitude and inefficiency which
comes under the purview of gross misconduct. Hence, he was liable
for stern disciplinary action under the Punjab Police (E&D) Rules,
1975.”

3. That appellant refuted reply to that charge sheet which was

considered as my statement in the Enquiry Report No. 509-PA dated
24.02.2023, Annex-“A”_____, which culminated that appellant has
been awarded with the major Punishment of “Dismissal from Service”
with immediate effect vide Order No. 625/PA-IT dated 07.04.2023,
Annex-“B”_____ passed by the Respondent No.1 under Punjab Police
(E&D) Rules, 1975.

4. Then appellant filed the departmental appeal before the Respondent

No.2 who rejected the same vide Order No. 1003/Appeal dated
06.06.2023, Annex-“C”_____.

That the order passed by the all the respondents were neither legally
sustained nor justifies being a nullity under the departmental
instructions as well as judgment of judicial forum is liable to set aside
quashed on the following grounds.

GROUNDS

It is respectfully contended that the allegation level against me in the

impugned punishment order were unspecified and not based on true
facts whether the result of some misconception and misunderstanding:-

1. That the allegation leveled upon appellant is false and fictitious

and not based on reality it is stated that on 03.01.2023 while
posted as Incharge Investigation at PS Sadar, Faisalabad
investigation of the case FIR No. 581/22 dated 06.04.2022 u/s
302/324/337-F5/F4/F2/F1/148/149 PPC was entrusted to
appellant. That during the course of investigation appellant got
 arrested the accused person namely Waqas Shah s/o Ghulam
Dastgir r/o Chak No. 237/RB and presented him before the court
of competent jurisdiction for taking physical remand.

2. That the complainant of the case ٖ FIR No. 581/22 namely

Muhammad Jamil Awan r/o Chak No. 237/RB arrived in the court
who entered an affidavit of compromise with the accused into the
court. Whereas, appellant requested the physical remand of the
accused in the case upon which learned Magistrate Bushra Anwar
Sec-30, Faisalabad turned down appellant’s request for physical
remand due to a compromise between complainant and accused
person. Copy of the order dated 13.02.2023 is hereby appended at
Annex-“D”_____.

3. That appellant never colluded with the accused person, and the
fact is that appellant himself arrested the aforementioned accused
person and presented him in the court of competent jurisdiction
whereas, the complainant of the FIR No. 581/23 was already
present there who given the compromise affidavit himself, that
appellant never met with the complainant and he first time saw
him in the court of learned Magistrate.

4. That the allegation leveled upon appellant is a sketchy and self-

created story, even a single private complaint in this regard was
never received nor any special report was created against appellant
which can relate him with the alleged charges.

5. It is pertinent to mention here that the aforementioned accused

person has been already involved in many cases whereas,
appellant arrested him in case FIR No. 581/23 and FIR No.
178/23. That in case FIR No. 178/23 dated 03.02.2023 u/s 506-
B/386/337H2/447/511 appellant got recovered a Kalashinkov
from the custody of accused person on his pointation and in this
regard a case FIR No. 245/23 dated 14.02.2023 u/s AO 13-2(b)
20/65 PS Sadar was also got registered against alleged accused
(copy of FIR is appended at Annex-“D”_____) which is evident that
the allegation of collision with the accused person leveled upon
appellant are totally baseless or a result of some misappropriation.

6. That the learned Magistrate sent the accuse namely Waqas Shah
to judicial lock-up on 13.02.2023 in case FIR No. 581/23 but the
accused remained in police custody due to involvement in another
case FIR No. 178/23 and later on sent to judicial lock-up.
Moreover, appellant remained busy at record duty in the Lahore
 High Court, Lahore, the Daily Diary reports may also be presented
during the course of final arguments.

7. That the Enquiry was conducted in a sketchy manner without

involving the accused person or any private witness against
appellant which is quite against the law. That any solid evidence to
prove appellant guilty is not available at the spot but the
disciplinary authority without applying the judicial mind has
dismissed appellant into service.

8. I was quite innocent in this case and there is nothing else in the
bottom than an irony of fate and unfortunate of the appellant that
I was punished severely in contravention of the rules and standing
instructions, which is a clear deviation from the standing
instructions and the rules on the subject.

From the above facts it is crystal clear that Appellant was awarded
punishment on the basis of conjecture and surmises and there was
no fault on the part of Appellant. Appellant always perform his
official duties efficiently and diligently to the entire satisfaction to
his superiors.

LAW POINTS

1. No regular inquiry to prove the alleged charges was held which

was mandatory as held by the this honorable court in judgment
dated 19-10-06 2.11.2006 in appeal No. 1184/06 1375, and 1378
of 2006 concluding that:- (in brief)
"No reasons are recorded by the authority for dispensing
with regular inquiry. Even no separate notice of personal
hearing was issued. Disciplinary proceeding when conducted
in the un warranted haste definitely deprives a Govt
employee of the opportunity to defend himself, I, find that
the appellants had not been dealt with even handedly and
fairly. They should have been given the opportunity to
defend themselves in the course of regular inquiry, appeals
are accepted and impugned orders are set aside considering
the facts of the cases and obvious infirmities in the
impugned order.
2. Enquiry was conducted in utter disregard to mandatory provisions
of law, rules and without adopting proper procedure meant for
regular enquiry;
 That I was not allowed an opportunity to cross-examine the
witnesses, who deposed against me during enquiry
proceedings and thus I was deprived of my legal vested right
as envisaged under rule 7(f)(ii) of Punjab Police (E&D) Rules,
1975. In this way, I was condemned unheard which
amounted to defeat the norms of natural justice, rendering
the impugned order to be illegal and void ab-initio.
That neither final show cause notice was issued/served
upon me nor copy of enquiry report was furnished there-with
to me, enabling me to submit written additional defense in
the light thereof before holding Orderly Room for personal
hearing. It has also caused me a serious miscarriage of
justice amounting to condemning me unheard.

PRAYER:-
In view of the foregoing submissions, it is prayed that major penalty of
“Dismissal from Service” awarded to the appellant with immediate effect
by the Respondent No.1 on 07.04.2023, and appeal rejected by the
Respondent No.2 on 06.06.2023 may all very kindly be set aside and
appellant shall be reinstated into service from the date of his dismissal i.e.
07.04.2023 and the intervening period during which appellant wrongly
kept out of service i.e. 07.04.2023 to reinstatement into service shall be
granted with all back benefits for the continuity of his service.
Any other relief which may deem fit to this Hon’ble Tribunal, shall also be
appropriate.

MUHAMMAD TASAWAR RAMZAN

(Appellant)
Through Counsel

MUHAMMAD MASSAB AKHTAR AWAN

Advocate High Court,
Chamber No. 334 Jinnah Law
Building, District Courts, Faisalabad.

Verification:
Verified on Oath at Faisalabad 9th May
of 2023 that the contents of above
paragraphs are true as well as correct
to the best of my knowledge and belief.
Appellant___________________
Certificate:
Certified that as per instructions
this is the first appeal on this
issue and no appeal has been
filed thereon earlier before this
honorable court.
Appellant___________________
BEFORE THE PUNJAB SERVICE TRIBUNAL
LAHORE
Appeal No. /2023, dated 2023

Muhammad Tasawar Ramzan Ex-Sub-Inspector No. F/66 of Faisalabad

District SON of Muhammad Ramzan resident of Street No.1 Mohallah
Altaf Town, Islam Pura, Jaranwala District Faisalabad.

VERSUS

Superintendent of Police, Iqbal Division, Faisalabad & Others

AFFIDAVIT

Deponent do hereby solemnly affirms and declare the accompanying

memorandum of appeal are correct to the best of my knowledge as well

as belief and nothing has been concealed therein.

Verification

Verified on Oath at Faisalabad this day of _______, 2023 that the

contents of the affidavit are true/correct to the best of my knowledge as

well as belief.

M TASAWAR RAMZAN
(Deponent)
BEFORE THE PUNJAB SERVICE TRIBUNAL
LAHORE
Appeal No. /2023, Dated 2023

Muhammad Tasawar Ramzan Ex-Sub-Inspector No. F/66 of Faisalabad

District SON of Muhammad Ramzan resident of Street No.1 Mohallah
Altaf Town, Islam Pura, Jaranwala District Faisalabad.

VERSUS

Superintendent of Police, Iqbal Division, Faisalabad & Others

INDEX

S.N. Particulars Dated Page Annexure

1 Appeal - -

2 Affidavit - -
Copy of Enquiry Report bearing No. “A”
3 24.02.23
509/PA-IT
Copy of Impugned Punishment Order “B”
4 07.04.23
No. 625/PA-IT
Copy of Appeal Rejection Order No.
5 06.06.23 “C”
1003/Appeal of Respondent No.2
Copy of Order passed by learned
6 13.02.23 “D”
Magistrate in FIR No. 581/23
Copy of FIR No. 245/23 lodged by the
7 - “E”
appellant
8 Application for Dispensation - -

9 Power of Attorney - -

M TASAWAR RAMZAN
(Appellant)

Through Counsel

MUHAMMAD MASSAB AKHTAR AWAN

Advocate High Court,
Chamber No. 334 Jinnah Law
Building, District Courts, Faisalabad.
BEFORE THE PUNJAB SERVICE TRIBUNAL
LAHORE
Appeal No. /2023, Dated: 2023

Muhammad Tasawar Ramzan Ex-Sub-Inspector No. F/66 of Faisalabad

District SON of Muhammad Ramzan resident of Street No.1 Mohallah
Altaf Town, Islam Pura, Jaranwala District Faisalabad.

VERSUS

Superintendent of Police, Iqbal Division, Faisalabad & Others

AFFIDAVIT

Deponent do hereby solemnly affirms and declare the accompanying

memorandum of application are correct to the best of my knowledge as

well as belief and nothing has been concealed therein.

Verification

Verified on Oath at Faisalabad this day of _______, 2023 that the

contents of the affidavit are true to the best of my knowledge as well as

belief.

M TASAWAR RAMZAN

(Deponent)
BEFORE THE PUNJAB SERVICE TRIBUNAL
LAHORE
Appeal No. /2023, Dated: 2023

Muhammad Tasawar Ramzan Ex-Sub-Inspector No. F/66 of Faisalabad

District SON of Muhammad Ramzan resident of Street No.1 Mohallah
Altaf Town, Islam Pura, Jaranwala District Faisalabad.

VERSUS

Superintendent of Police, Iqbal Division, Faisalabad & Others

Application under section 151 of CPC for permission to dispense

with the production of certified copies of the documents.

Respected Sir,
1. That the petitioner has filed the tilted appeal in this Hon’ble Court in
which no date has so far been fixed.
2. That as the original copies of the documents referred to in the appeal as
Annexure ‘A to D’ as listed in the index are not available with the
appellant, therefore, photo copies therefore have been filed along with the
accompanying appeal.
3. That if production of certified copies of documents in the accompanying
appeal is not dispensed with, the appellant shall suffer an irreparable
loss, as such the titled appeal may very kindly be heard and decided as it
is.
It is therefore, respectfully prayed that the
production of certified copies of the Annexure ‘A to
D’ may very kindly be dispensed with.

M TASAWAR RAMZAN

(Appellant)
Through Counsel

MUHAMMAD MASSAB AKHTAR AWAN

Advocate High Court,
Chamber No. 334 Jinnah Law
Building, District Courts, Faisalabad.