Case Details

Citation(s)
2004 SLG 1546 2004 SLD 1546 2004 PLC 609
Supreme Court of Pakistan
Civil Petition No-883-L of 2000, decision dated: 27-02-2003. (On appeal from the judgment dated 16-2-2000 of the Punjab Service Tribunal, Lahore, passed in Appeal No.902 of 1996).
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ

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MUHAMMAD AMJAD

VS

SUPERINTENDENT OF POLICE and others

Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975-------Rr. 4(1)(b), 6 & 7---Constitution of Pakistan (1973), Art. 213(3)--­Removal from service---Misconduct---Attempt by Police Constable to commit unnatural offence during odd hours of night with accused kept in Police Station on physical remand---Civil servant on complaint of accused admitted his guilt before S.H.O. and tendered apology--­Competent authority imposed penalty of removal from service on civil servant after finding unsatisfactory his oral and written explanations given in response to show-cause notice---Service Tribunal dismissed appeal of civil servant, observing that his such act had brought bad name to the department- --Contention of civil servant was that the case was false and he had been found guilty without holding regular inquiry--­Validity---Such action had been initiated at victims' report, wherein comprehensive inquiry had been made---Competent authority had afforded proper opportunity of hearing to civil servant---Question of false implication in such a- heinous offence would not arise in- absence of any ill-will or malice, which had not been alleged against S.H.O. or competent authority---Civil servant should be thankful to his stars that no criminal case had been registered against him---Civil servant had earned 47 bad entries, which were indicative of his conduct---No question of law of public importance was involved---Supreme Court dismissed petition and refused leave to appeal. Fazal Abbas Bukhari, Advocate Supreme Court and Sheikh Salah-ud-Din, Advocate-on-Record for Petitioner: Nemo for Respondents Date of hearing: 27th February, 2003. ORDER JAVED IQBAL, J.---This petition for leave to appeal is directed against the judgment, dated 16-2-2000 passed by learned Punjab Service Tribunal, Lahore whereby the appeal preferred on behalf of Muhammad Amjad (Ex-Constable of Police No. 425) has been rejected and order, dated 30-5-1995 passed by the Superintendent of Police, Jhelum whereby the petitioner was removed from service has been kept intact. . 2. Precisely stated the facts of the case as enumerated in the impugned judgment are to the effect that "the appellant while posted…
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