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Civil Petition No. 486 of 1982, decided on 12th November, 1985.
(On appeal from the judgment, dated 30‑3‑1982 of the Federal Service Tribunal, Islamabad in Appeal No. 16(L) of 1981).
‑‑‑Art. 212(3)‑‑West Pakistan Rangers Ordinance (XIV of 1959), S.15(1)‑‑Removal from service‑‑Misconduct‑‑Sub‑Inspector of Force using criminal force against a civilian accused and subjecting him to severe torture‑‑Official found guilty of misconduct and dismissed from service‑ Federal Service Tribunal in appeal converted order of dismissal into removal from service‑‑Order impugned‑‑Plea that use of criminal force in performance of his duties did not amount to misconduct within meaning of Ordinance (XIV of 1959) repelled‑‑Torturing an accused person in custody of police clearly amounts to "misconduct" and mere fact that this term is not defined in Ordinance would not take such conduct out of purview of "misconduct"‑‑Petition dismissed.
‑‑‑Torture‑‑Accused in police custody‑‑Torturing an accused person in custody of police clearly amounts to "misconduct".
Shahzad Jahangir, Advocate Supreme Court and Sh. Salahuddin, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 12th November, 1985.
‑‑The petitioner was a Sub‑Inspector of the Chenab Rangers. He was dismissed from service by the order of the Director‑General, Pakistan Rangers, under section 15(1) of the West Pakistan Rangers Ordinance, 1959. On appeal to the Federal Service Tribunal, the order of dismissal was converted into one for removal from service. Except for the said modification, the appeal was rejected. Hence this petition for leave to appeal.
Three charges were levelled against the petitioner. The most serious of these was that he had used the criminal force against a civilian and as such committed misconduct in his capacity as a member of the force and his action fell under the mischief of section 15(1) of the West Pakistan Rangers Ordinance, 1959.
The contention of Mr. Shahzad Jehangir learned counsel for the petitioner before us was that use of criminal forces in the performance of duties does not amount to misconduct within the meaning of the Ordinance of 1959.
We cannot accept such a submission. The Services Tribunal which carefully studied the report of the Medical officer regarding injuries to the accused, found that the report showed multiple contusions on his which indicated that he had been subjected to severe physical Torturing an accused‑person in custody of the police clearly amounts to "misconduct" and the mere fact that this term is not defined in the Ordinance would take such conduct out of the purview of "misconduct".
This petition has no force which is dismissed hereby.
M. I. Petition dismissed.
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