Law:

Section:

(a) Civil service--- ----Police official---Dismissal from service---Involvement in narcotics case---Subsequent acquittal by the High Court (police official) because of being arrested was not in a position to pursue his departmental remedies---Fundamental basis on which the impugned action of dismissal from service was passed against the petitioner had seized to exist after his acquittal in the narcotics case by the High Court---Acquittal of the petitioner by the High Court was a subsequent development that ought to be considered by the departmental authorities whilst considering disciplinary action against the petitioner---Petition for leave to appeal was converted into appeal and allowed, order of Service Tribunal was set aside with the direction that departmental authorities shall be at liberty to commence fresh disciplinary proceedings against the petitioner on the basis of the record and by the grant of opportunity of hearing to him in accordance with law. (b) Civil service--- ----Concurrent departmental and criminal proceedings---Outcome of the disciplinary proceedings is not dependent upon the outcome of criminal proceedings. [p. 1522] B Malik Matteullah, Advocate Supreme Court for Petitioner. Khadim Hussain Qaiser, Additional A.G. on Court’s Call. hearing date: 3rd January, 2022. ORDER UMAR ATA BANDIAL, J.---File petitioner was alleged in case FIR No. 3/12 dated 03.01.2012 to be in possession of contraband drugs thereby committing offence under section 9(c), CNSA and possessing illicit arms, committing offence under section 13/20/65 of the Arms Ordinance, 1965. Whilst the petitioner was in jail, disciplinary proceedings were initiated against him, inquiry was conducted behind his back and his written defence of being innocent was rejected. On the basis that he had tarnished the image of the police force, he was dismissed from service on 31.03.2012. The departmental appeal was dismissed for being time barred on 10.05.2016. The same result followed before the learned Tribunal through its impugned judgment dated 01.07.2016. Subsequently, the petitioner’s appeal against his conviction succeeded before the learned High Court on 20.04.2017. 2. Learned counsel…

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