Case Details

Citation(s)
2020 SLG 1752 2020 SLD 1752 2020 PLC 780
Supreme Court of Pakistan
Civil Petition No. 2875-L of 2019, decision Dated: 12-03-2020, hearing Date : 12-03-2020. (Against judgment Dated 10.05.2019 of Punjab Service Tribunal, Lahore passed in Appeal No. 4717 of 2017)
IJAZ-UL-AHSAN, JUSTICE SAJJAD ALI SHAH, JUSTICE
Mushtaq A. Mohal, Additional A.G., Punjab and Zaka Ullah, Inspector, Legal for Petitioners. Malik Matiullah, Advocate Supreme Court for
Respondent.

DIG OF POLICE, PUNJAB AND OTHERS

VS

MUHAMMAD IRFAN

Law: Police Order (Third Amendment) Ordinance, 2005

Section: 16.2

Law: Pakistan Arms Ordinance, 1965

Section: 13,20

Police Rules, 1934--- ----R. 16.2---Pakistan Arms Ordinance (XX of 1965), Ss. 13 & 20---Conviction---Dismissal from service---Respondent, who was a junior clerk in office of District Police Officer, made a confession before the Judicial Magistrate in a case recorded against him under Ss. 13 & 20 of the Pakistan Arms Ordinance, 1965---Respondent was accordingly sentenced, however his sentence was suspended and he was put on probation---Held, that respondent had himself confessed his guilt and was convicted and sentenced accordingly---In terms of the R. 16.2 of the Police Rules, 1934 he could not be awarded a punishment less than what had been provided in the said Rules i.e. dismissal from service---Petition for leave to appeal was converted into appeal and allowed accordingly. THIS ORDER PASSED BY: GULZAR AHMED, Chief JUSTICE:---.--- The Respondent, Muhammad Irfan was employed as a Junior Clerk in the office of District Police Officer, Mianwali. Two FIRs were registered against him, one being FIR No. 75 of 2012 dated 25.03.2012 under sections 13/20/65, Arms Ordinance at Police Station Saddar, Mianwali. In this very case FIR, the Respondent has appeared before a Judicial Magistrate (Section 30), Mianwali on 19.03.2014, made a confessional statement and also sought pardon. The Judicial Magistrate upon such confession recorded a conviction against the Respondent under sections 13/20/65, Arms Ordinance and sentenced him to one year's S.I. However, such sentence was suspended and the Respondent was put on probation on his…
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