Law:

Section:

Constitution of Pakistan--- ----Art. 13(a)--- Criminal Procedure Code (V of 1898), S. 403---Simultaneous disciplinary and criminal proceedings---Permissibility---Employment in police obtained on basis of fake and forged documents---As a disciplinary measure the respondents (police officials) were compulsorily retired from service but criminal proceedings against them were stopped on the basis that in view of their compulsory retirement it would amount to double jeopardy; held, that disciplinary action taken by a department and criminal prosecution were quite distinct from each other and could proceed simultaneously or one after the other and such separate actions did not attract the principle of double jeopardy---Disciplinary proceedings were meant solely for maintaining and ensuring purity of service whereas criminal prosecution was meant to punish a person for the offence committed by him---Supreme Court restored status of respondents as accused persons in the relevant criminal cases and the Trial Court was directed to proceed with their trials in accordance with law. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, J.--- The respondents in these appeals had allegedly obtained employment in the police department on the basis of fake and forged School Leaving Certificates and upon discovery of such forgery and fabrication they were not only compulsorily retired from service but were also proceeded against on the criminal side through registration of different FIRs. The respondents applied before the trial court under section 249-A, Cr.P.C. seeking their premature acquittal and the trial court acquitted them of the charge upon acceptance of such applications which orders of the trial court were subsequently upheld by the High Court through dismissal of different appeals filed by the State against the respondents' acquittal. Hence, the present appeals by leave of this Court granted on different dates. 2. The impugned orders passed by the trial court in the respondents' cases show that the trial court was labouring under a misconception that on account of compulsory retirement of the respondents from service they could not be criminally prosecuted for the same…

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