| Citation(s) |
|---|
| 2005 SLG 1304 2005 SLD 1304 2005 SCMR 1106 |
Supreme Court of Pakistan
Civil Petition No.367 L of 2002, decision dated: 24-02-2003
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ
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Civil Petition No.367 L of 2002, decision dated: 24-02-2003
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ
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FARZAND ALI er
VS
. SUPERINTENDENT OF POLICE, OKARA and others --Respondents
Law:
Section:
Punjab Police (Efficiency and Discipline) Rules, 1975 R. 6 Constitution of Pakistan (1973), Art.212(3) Compulsory retirement Concurrent findings of fact by the forums below Civil servant arrested one cattle lifter and locked him up in a room surreptitiously without any reason Later on without taking Station House Officer in confidence released the criminal After departmental proceedings, penalty of compulsory retirement was imposed on the civil servant Service Tribunal maintained the penalty imposed by the authorities Validity Supreme Court declined to take any exception to concurrent findings of fact recorded by all departmental authorities and by Service Tribunal after taking plea of civil servant into consideration ¬Leave to appeal was refused. Ch. Muhammad Afzal Wahla, Advocate Supreme Court and Tanvir Ahmed, Advocate on Record for Petitioner. Miss Yasmin Sehgal; Assistant Advocate General, Punjab for Respondents. Date of hearing: 24th February, 2003. ORDER FAQIR MUHAMMAD KHOKHAR, J. This petition is directed against judgment, dated 13 12 2001, passed by the Punjab Service Tribunal, Lahore (hereinafter referred to as the Tribunal) in Appeal No.742 of 2001. 2. The petitioner, while posted as Sub Inspector at Police Station Chuchak, District Okara, was proceeded against on the charge that he had apprehended one Muhammad Nawaz alias Kali, who was already involved in an number of criminal cases. The petitioner locked him up in a room and then let him off for some ulterior/corrupt motive. The Deputy Superintendent of Police (Legal) as Inquiry Officer held the petitioner guilty of the charge. The respondent No. 1, by order, dated 21 12 1999, awarded him the major penalty of compulsory retirement from service, after issuance of final show cause notice. The appeal and revision petition of the petitioner were dismissed by the respondents Nos.2 and 3 respectively, by orders dated 17 4 2000 and 21 3 2001. Thereafter, the petitioner filed Appeal No.742 of 2001, which was also dismissed by the Tribunal by impugned judgment dated 13 12 2001. 3. Learned counsel for the petitioner argued that during the course of enquiry the petitioner was not afforded the opportunity of…
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