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Appeal No. 58 of 1978, decided on 4th June 1979.
‑‑‑‑ Compulsory retirement ‑ Jail Warder slapping under-trial prisoner‑Misconduct admitted and established‑No suggestion of assault by prisoner giving right of self‑defence‑Penalty of compulsory retirement, in circumstances, held, fully justified‑interference refused by Tribunal‑Sind Service Tribunals Act (XV of 1974), S. 4.
.‑This is an appeal against compul sory retirement from service. The appellant was Chief Warder, Juvenile Jail, Landhi. There were certain allegations against him. One of the allegations was that he bad slapped an under-trial prisoner in presence of his father. He was charge‑sheeted and the aforesaid allegation was established not only by evidence but even by the admissions made by the appellant himself. Consequently he was retired from service. He filed a departmental appeal which was dismissed. So he filed the present appeal.
From the statement of facts it is plain enough that the appellant himself admitted that he had slapped the prisoner and this was clearly a violation of the Jail Rules and therefore, amounted to misconduct. There is no allega tion of any kind that the prisoner had assaulted or attempted to assault the appellant before he slapped the prisoner. It was not a case of self‑defence and there was absolutely no justification for the appellant to have acted id the manner in which he acted. That being so the penalty which was imposed was fully justified and does not call for any interference.
In result the appeal is dismissed:
Petition dismissed.
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