Case Details

Citation(s)
1989 SLG 768 1989 SLD 768 1989 SCMR 810 1989 SLD 1324 1989 SCMR 810
Supreme Court of Pakistan
Civil Appeal No.38 of 1988, decision dated: 12-12-1988
NASIM HASAN SHAH, GHULAM MUJADDID AND USMAN ALI SHAH, JJ

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MUHAMMAD HANIF

VS

DEPUTY INSPECTORGENERAL OF POLICE and another

Law: Constitution of Pakistan, 1973

Section: 212(3)

(a) Punjab Police (Efficiency and Discipline) Rules, 1975--Rr.4 & 5--Constitution of Pakistan (1973), Art.212(3)--Police official awarded punishment of one year's approved service forfeiture permanently, on charge of grave misconduct--Such Police official's departmental appeal and appeal before Service Tribunal failed--Order impugned--Leave to appeal was granted to examine as to why another Police official who had also been named in the show-cause notice was given a more favorable treatment and let off although charge was the same, there being no justification to resort to two different standards. (b) Punjab Police (Efficiency and Discipline) Rules, 1975-- ---Rr.4 & 5--Constitution of Pakistan (1973), Art.212(3)--Police official-­Punishment of one year's approved service forfeiture permanently--Such Police official's plea, that another Police official was also issued show-cause notice with regard to same case of misconduct but was exonerated, hence he should have also been exonerated because both were sailing in same boat, repelled--Each case has to be decided on its own merits--Service Tribunal's order showed that appellant Police official had accepted the incident leading to misconduct--Service Tribunal also looked into legal and factual position and also his service record--Adverse entries in the record of appellant could not be controverted by him--Appeal having no merit, and no question of public importance being involved therein, was dismissed. Ch. Muhammad Aslam Chattha, Advocate-on-Record for Appellant. M.Nawaz Abbasi, A.A.-G. and Rao Muhammad Yousaf Khan, Advocate-on-Record for Respondents. Date of hearing: 12th December' 1988. JUDGMENT GHULAM MUJADDID, J.--On 3-2-1985, a minor girl Shaheen aged 9/10 was abducted by an unknown woman from the Omni Bus Stop Ichra More, Lahore. Mst. Ghulam Fatima, Mst. Surayya and Anwar Bibi who were present there identified the girl, saved her from the clutches of the woman and restored the child to her mother Mst. Anwar Begum. When all this was going on, Police Mobile Squad reached there. The women who saved the girl told the incharge of the Squad Muhammad In ayat what had happened. Muhammad Inayat brought the…
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