Case Details

Citation(s)
1996 SLG 760 1996 SLD 760 1996 PLC 1054
Service Tribunal, Sindh
Appeal No. 62 of 1994, decision dated: 30-03-1995, hearing DATE : 22nd March 1995
MUNAWAR ALI KHAN, CHAIRMAN AND S. NASIM HAIDER, MEMBER

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HAMZO KHAN

VS

DEPUTY INSPECTORGENERAL OF POLICE, SUKKUR and another HAMZO KHAN Vs DEPUTY INSPECTORGENERAL OF POLICE, SUKKUR and another

Law:

Section:

Sindh Police (Efficiency and Discipline) Rules, 1988---- ----R. 6(4)---Dismissal from service---Civil servant working as Police Constable was dismissed from service on grounds that he was involved in criminal cases and that unanimous resolution was passed against him by High-ups of District despite Enquiry Officer had exonerated civil servant from allegations against him---Civil servant could not be punished on mere allegations against him which otherwise were not proved against _ him or his mere involvement -in criminal cases---No punishment could be awarded to him on basis of said unanimous resolution passed by High-ups of District whatever be their opinion---In absence of convincing proof of allegations made against civil servant, order of his dismissal from service, was not legally sustainable---Order of dismissal of service passed against civil servant was set aside, in circumstances. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN). ---The appellant; Hamzo Khan Solangi was a Police Constable in the District Nawabshah when SP, Nawabshah, by his order dated 20th October, 1992 dismissed him from service. The factual background of the appellant's dismissal is as follows. The appellant was proce6ded against under the Sindh Police (Efficiency and Discipline) Rules, 1988 (hereinafter referred as the said Rules) for the first time when he was serving as Police Constable Sukkur District. As a result of the said proceedings he was dismissed from service vide order of S.S.P., Sukkur dated 9-3-1987. The appellant went in appeal against the said order to the D. I.-G. P., Sukkur who by his order dated 26-3-1987 set aside his dismissal directing further that the legal requirement of final show-cause notice be fulfilled. Accordingly the appellant was reinstated in service and after giving him final show-cause notice, he was once again dismissed vide S.S.P., Sukkur's order dated 9-1-1987. This order was also challenged in departmental appeal filed before the D.I.-G.P. who by his order dated 9-8-1988 set aside the SSP's order on the ground that the appellant's reply to the final show-cause notice was not awaited. After due compliance of the legal formalities the S.S.P., Sukkur vide…
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