2000 PLP 1938 (MLD)

"(1) That in respect of the Orders dated 21‑10‑1999 passed by the Honourable Lahore High Court, Bahawalpur Bench, Bahawalpur in Criminal Original No. 208 of 1999/BWP titled as Muhammad Afzal v. S.S.P., Bahawalpur, the answering respondent candidly concedes his omission to consider the candidate to have obtained 50 marks as decided and held by the Hon'ble High Court. (2) That on realising the inadvertent omission, the answering respondent has issued the orders appointing the petitioner namely Muhammad Afzal son of Faiz Ahmad caste Kohawar resident of Mauza Tibbi Izzat, Tehsil Ahmadpur East as constable. (3) That the answering respondent also assures the Honourable High Court that he cannot even think of disobeying the orders passed by the High Court. The inconvenience caused because of this inadvertent omission is earnestly regretted, which may kindly be excused. In view of the above submissions, the show‑cause notice may kindly be filed." The reply to the show‑cause notice was not consistent with the everments made in the parwarise comments in which he had stated that he had re?considered the matter in the light of the order of this Court and the recruitment policy but in the reply to show‑cause notice he conceded his omission to consider that the candidate had obtained 50 marks as decided by this Court. Therefore, he was directed to appear in the Court in person` and explain the apparent contradiction between the parawise comments and the reply to the show‑cause notice. He realized his mistake and tendered unconditionally apology and sought time to submit an additional reply. He also stated verbally that he will make appointment of the petitioner as constable with effect from 3‑2‑1999. Accordingly, the case was adjourned for 10‑I 1‑1999. The respondent submitted the following additional reply:‑‑ "(1) That as per directions of the Honourable Court the petitioner namely Muhammad Afzal son of Faiz Ahmad caste Khoawar resident of Tibbi Izzat has been appointed as Constable w.e.f. 3‑2‑1999, the date from which other candidates were appointed as Constables. His name is placed at Serial No. 136 of the list of the selected candidates. (2) That for the inconvenience caused, the answering respondent tenders unconditional apology and leaves himself at the mercy of the Honourable High Court. In view of the above humble submissions, the show‑cause notice may kindly be filed. " The respondent expressed his sincere regrets for his mistake, tendered unconditional apology and threw himself at the mercy of the Court. The ease was adjourned for 11‑11‑1999 with a direction to the learned A.A‑.G. to obtain a report about the respondent's service record from the D.I.‑G.; Bahawalpur Range, Bahawalpur. Accordingly, the report was submitted before the Court on 11‑11‑1999. In para.2 of the report it was submitted as under: ‑‑ "It is intimated that Service Record (C.R. Dossier) of Mr. Ahmad, Mubarik Ahmad, S.P./Bahawalpur, is available with the Secretary, Services General Administration and Information Department, Punjab Lahore. The officer is posted as S.P., Bahawalpur since 26‑3‑1998. Even since my posting as D.I.‑G. of Police, Bahawalpur Range, w.e.f. 5‑1‑1999, the officer has been working to my entire satisfaction. There is no complaint of insubordination or arrogance against him. He is a very dedicated and hardworking Officer. His work, character and conduct is above board. He is an officer of outstanding integrity." The respondent did not engage a counsel for his defence and personally appeared. He stated that he laboured under the misconception that the matter was to be re‑considered in the light of the order of the Court and the recruitment policy and frankly admitted his mistake in not bearing in mind that this Court had‑ determined it as a fact that the petitioner had obtained 50 marks. He added that the Police Department was short of constables; that the marking qua the candidates was done strictly on merits and that a number of other candidates who had obtained 49‑1/2 marks were not recruited; that now after being clear in mind that the fraction of 1/2 mark was to be counted as one, he would even re‑consider the cases of those 3/4 candidates and also appoint them in order to be consistent in the matter. He again tendered unconditional apology with an undertaking to be careful in future. The learned A.A.‑G. stated that keeping in view the good service record of the respondent and his sincere regrets and unconditional apology he may be forgiven.

3. I feel that the respondent has realized his mistake. He has repeatedly expressed his sincere regrets, tendered unconditional apology and undertaken to be careful, in future. He has complied with the order dated 3‑8‑1999 passed by this Court in Writ Petition No. 1778 of 1999/BWP. and also expressed willingness to appoint 3/4 other candidates who had obtained 49‑1/2 marks. The D.I.‑G. has reported that the respondent is a dedicated and hardworking officer and that his work, character and conduct is above board. There is dearth of good officers in every department and moreso in the Police Department, Therefore, I take a lenient view in the matter and. accept the unconditional apology tendered by the respondent with a warning to him to be careful in future. The petition is disposed of with the above order. N.H.Q./M‑305/L????????????????????