Case Details

Citation(s)
2001 SLG 1401 2001 SLD 1401 2001 SCMR 789
Supreme Court of Pakistan
Civil Petition No.246-L of 1999, decision dated: 1st November, 2000
ABDUR REHMAN KHAN, ABDUL HAMEED DOGAR AND TANVIR AHMED KHAN, JJ
Shawar Khilji, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate-on-Record for Petitioners. Hafiz Tariq Nasim, Advocate Supreme Court and Muhammad Aslam Ch. Advocate-on-Record for
Respondent

INSPECTOR-GENERAL OF POLICE, PUNJAB, HORE and others

VS

MUHAMMAD TARIQ

Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973--- ----R.4---Proceedings in criminal case as well as before Departmental Authorities against civil servant---Acquittal in criminal cases does not debar the Departmental Authorities to take action against delinquent in accordance with law and rules---Such acquittal does not give to delinquent clean certificates of his absolvement from the departmental proceedings---Both the proceedings are conducted respecting the case registered against the delinquent while the departmental proceedings are regarding the charges of malversation and misconduct---Both the proceedings, however, can go side by side as their nature is totally different. The Deputy Inspector-General of Police, Lahore and others v. Anis­ur-Rehman Khan PLD 1985 SC 134 and Mir Nawaz Khan v. Federal Government through Secretary, Ministry of Finance, Islamabad and 2 others 1996 SCMR 315 rel. (b) Government Servants (Efficiency and Discipline) Rules, 1973-- ----R.4---Proceedings in criminal case as well as before Departmental Authorities against civil servant ---Acquittal in criminal case---Bar of imposing of any penalty in departmental proceedings under Government Servants (Efficiency and Discipline) Rules, 1973---Validity---After the civil servant has been acquitted of criminal charge, there is no bar on imposing penalty under Government Servants (Efficiency and Discipline) Rules, 1973. Muhammad Ayub v. The Chairman, Electricity Board, WAPDA, Peshawar PLD 1987 SC 195 rel. (c) Police--- ---- Duties and functions of police force discussed. Police Administration ref. (d) Government Servants (Efficiency and Discipline) Rules, 1973--- ----R.4---Constitution of Pakistan (1973), Art. 212(3)---Dismissal from service---Acquittal in criminal case--- Proceedings in criminal case as well as before Departmental Authorities---Civil servant police official was departmentally proceeded against for committing Zina-bil-Jabr --- Civil servant was found guilty in preliminary inquiry but in regular inquiry the Inquiry Officer exonerated him of the charge---Departmental Authorities dismissed the civil servant from the service as he was earlier involved in three…
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