2003 PLP (C (PLC(CS))

MUNIR A. SHEIKH, J.

This petition is directed against the order, dated 24-1-2002 of the Punjab Service Tribunal through which appeal filed by the petitioner against order of the Departmental Authority of his dismissal from service has been dismissed.

2. Disciplinary proceedings were taken against the petitioner on the allegation as under:-- "Muhammad Riaz son of Muhammad Ramzan caste Malik resident of Hafizabad Road, Mohallah Chah Sarafan, Baghbanpura, Gujranwala appeared before S.S.P., Gujranwala alongwith an application containing allegation that he runs an oil shop at Hafizabad Road for the last 5/6 years. He alongwith A.S.-I. Qudrat Ullah No. 847/GWL came at his shop and forcibly took the applicant alongwith others at Police Station, where he used abusive language and detained them at the Police Station. It is further alleged that he demanded Rs.100,000 as illegal gratification. However, the tatter was pacified on Rs.25,000 which amount took A.S.I. Ishaq Nasri through Muhammad Iqbal brother of applicant. Later on he released them under threat that they will have to pay him monthly if they want to run their business. The complainant also alleged that after a month they were again arrested. A.S.I. Qudrat Ullah demanded Rs:100,000 but amount of Rs.45,000 was paid to him by the applicant and hen? secured their release. Mst. Kalsoom Bibi submitted an application containing allegations that he arrested her husband on the charge of making liquer and also took her 'at police station where he committed misconduct with her. She alleged that he registered case against her husband whereas released him after taking bribe of Rs.5,000."

3. A case through F.I.R. No.375 of 2000 under sections 342, P.P.C. and 5(2), P.C.A. was also got registered against the petitioner but subsequently the said proceedings were dropped and disciplinary proceedings were initiated against the petitioner. The petitioner was issued show-cause notice who submitted reply. After holding inquiry it was found that the charges of keeping Muhammad Riaz in illegal confinement and receipt of illegal gratification had been proved, therefore, he was imposed major penalty of dismissal from service by the Departmental Authority against which appeal filed by the petitioner before the Appellate Department Authority was dismissed.

4. The appeal filed by the petitioner in the Punjab Services Tribunal has been dismissed through the impugned judgment dated 24-1-2001.

5. Learned counsel for the petitioner argued that notice was not legally served on the petitioner before imposing major penalty of dismissal but we find that neither in the appeal before the Departmental Appellate Authority nor in the grounds of appeal from the Service Tribunal any plea was raised that notice was not legally served, in the present petition too, we find no such ground has been raised. No substantial question of law of public importance is invoked as contemplated by Article 212 of the Constitution.

6. The findings of fact recorded by Departmental Authority and the Service Tribunal do not suffer from any legal infirmity.

7. For the foregoing reasons, this petition has no merits which is accordingly dismissed and leave refused. Q.M.H./M.A.K./I-47/S Petition dismissed.