Law:

Section:

Constitution of Pakistan (1973)-Art. 212 Whether Departmental Authority should wait for verdict of criminal Court before initiating departmental proceedings against a civil servant charged with criminal act Held, substantial question of law of public importance raised Leave to appeal granted. [Civil services]. ORDER NASIM HASAN SHAH, J. This order will govern Civil Petition No. 942/81. and Civil Petition No. 958 of 1981. Anis ur Rehman (Respondent in C. P. No. 942/81) and Muhammad Ashraf (Respondent in C. P. No. 958/81), who were Serving respectively as Inspector of Police and Assistant Sub Inspector of Police, were dismissed from service on the ground of grave misconduct. They filed appeals before the Punjab Service Tribunal (hereinafter called the Tribunal), which were accepted. Hence these petitions for leave to appeal. The Tribunal in accepting the appeals filed by the respondents was mainly influenced by the fact that the said respondents were tried before a Criminal Court on the same charges on which they have been dismissed, but the Criminal Court however, had exonerated them of the said charges and acquitted them. Consequently, there was no basis left for holding the respondents to be guilty. In fact, the department authorities should have waited…

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