2022 PLP 2147 (SCMR)

MUHAMMAD ALI MAZHAR, J.

Through the instant petition, the petitioner impugns the judgment dated 20.03.2019 of the Punjab Service Tribunal, Lahore ("Tribunal") whereby his appeal was dismissed.

2. The petitioner was served with a show cause notice leveling allegation of bribe. The departmental proceedings were initiated against him. On conclusion of inquiry, major penalty of reduction in rank from Head Constable to Constable was imposed upon the petitioner. His appeal against the said penalty was dismissed on 28.08.2017 and so also his appeal before the learned Tribunal through the impugned judgment.

3. It is evident from the impugned judgment that after a show cause notice and proper regular inquiry under the Punjab Police (E&D) Rules, 1975, the petitioner was imposed major penalty of reduction in the rank from Head Constable to Constable. After some passage of time, the petitioner was promoted to Head Constable on 20.12.2017. The learned counsel for the petitioner argued that the order whereby major penalty was imposed upon the petitioner is not sustainable after the acquittal of the petitioner in FIR No. 10 dated 13.06.2015, registered at Police Station, AC District Mianwali.

4. We have gone through the order dated 03.05.2016 passed by the learned Special Judge, Anti-Corruption, Sargodha Camp at Mianwali, which shows that the Investigating Officer submitted a report under section 173, Cr.P.C. by placing the names of the accused persons in the column No. 2 of the report. It also transpires from the same order that the complainant had patched up the matter with the accused persons and both the accused persons were found innocent during the investigation. Hence, charge was not framed and the petitioner was discharged.

5. It is well settled exposition of law that a civil servant cannot escape departmental proceedings or consequences thereof on account of his acquittal/exoneration on a criminal charge. While facing expulsive proceedings on departmental side on account of his indictment on criminal charge, he may not save his job in the event of acquittal as the department may still have reasons to conscionably consider his stay in the service as inexpedient. The department can assess the suitability of a civil servant, confronted with a charge through a fact finding method, which somewhat inquisitorial in nature, but without the heavier procedural riders otherwise required in criminal jurisdiction to eliminate any potential risk of error. Ref: Dr. Sohail Hassan Khan and others v. Director General (Research), Livestock and Dairy Development Department, Punjab, Lahore and others (2020 SCMR 1708) and District Police Officer, Mianwali and 2 others v. Amir Abdul Majid (2021 SCMR 420). Even otherwise, no substantial question of law of public importance in terms of Article 212(3) of the Constitution of the Islamic Republic of Pakistan, 1973 in involved in the matter. The petition is thus dismissed and leave to appeal is refused. MWA/M-65/SC Petition dismissed.