| Citation(s) |
|---|
| 2004 SLG 1486 2004 SLD 1486 2004 PLC 407 |
Supreme Court of Pakistan
Civil Petition No.642-L of 2002, decision dated: 2-01-2003. (On appeal from the judgment dated 4-1-2002 passed by the Punjab Service Tribunal, Lahore, in Appeal No.3226 of 2000).
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ
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Civil Petition No.642-L of 2002, decision dated: 2-01-2003. (On appeal from the judgment dated 4-1-2002 passed by the Punjab Service Tribunal, Lahore, in Appeal No.3226 of 2000).
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ
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ZI.AULISLAM HASHMI
VS
DEPUTY INSPECTOR and others
Law:
Section:
Punjab Police (Efficiency and Discipline) Rules, 1975-------Rr.4(1)(b) & 6---Constitution of Pakistan (1973), Art.212(3)--Compulsory retirement---Charge of using stolen non-custom paid car displaying thereon fake registration number---Such penalty imposed by Authority was upheld by Service Tribunal--Validity---Car had been spotted by Traffic Magistrate carrying a Police Sticker and blue revolving light commonly used by police---Registration, chassis and engine number of car were found to be .fake---No mala fides on the part of Magistrate in such matter---Driver of car had disclosed that same belonged to civil servant (Police Inspector)---Such major 'penalty had rightly been awarded to civil servant---Holding of regular inquiry was not necessary in view of peculiar facts and circumstances of case---No question of law of public importance was involved---Supreme Court dismissed petition and refused leave to appeal. Khadim, Advocate. Supreme Court for petitioner. Nemo for Respondents. Date of hearing: 2nd January, 2003. ORDER FAQIR MUHAMMAD KHOKHAR, J---The petitioner seeks leave to appeal from judgment dated 4-1-2002, passed by the Punjab Service Tribunal, Lahore (hereinafter referred to as the Tribunal), in Service Appeal No.3226 of 2000. 2. The petitioner while posted as Police Inspector in District Sahiwal was proceeded against departmentally for grave misconduct for using stolen/custom evaded car and displaying a fake registration number of the vehicle. The reply of the petitioner to the show-cause notice issued by the departmental authority was found unsatisfactory.. He was awarded the major penalty of compulsory retirement from service by order dated 21-6-2000 passed by the Deputy Inspector-General of Police, Multan Range.. A criminal case F.I.R. No.119 of 2000, dated 21-4-2000 was also registered at Police Station, Old Anarkali, Lahore, under sections 420, 468 & 471 P.P.C. in respect of the same vehicle. The petitioner filed a Regular Service Appeal No.3226 of 2000 before the Tribunal against the departmental penalty of compulsory retirement which was dismissed by the impugned judgment dated 4-1-2002. 3. The learned counsel for the petitioner…
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