| Citation(s) |
|---|
| 2004 SLG 983 2004 SLD 983 2004 SCMR 641 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 662-K and 663-K of 2001 decided on 28-11-2001.(On appeal from the judgment of the Sindh Service Tribunal, at Karachi, dated 12-6-2001, passed in Appeals Nos. 99 and 100 of 1999)
SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
Suleman Habibullah, Additional Advocate-General, Sindh and Akhlaq A. Siddiqui, Advocate-on-Record for Petitioners
Civil Petitions for Leave to Appeal Nos. 662-K and 663-K of 2001 decided on 28-11-2001.(On appeal from the judgment of the Sindh Service Tribunal, at Karachi, dated 12-6-2001, passed in Appeals Nos. 99 and 100 of 1999)
SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
Suleman Habibullah, Additional Advocate-General, Sindh and Akhlaq A. Siddiqui, Advocate-on-Record for Petitioners
SENIOR SUPERINTENDENT OF POLICE, GOVERNMENT OF SINDH, HYDERABAD and OTHERS
VS
IQBAL AHMAD and another
Law:
Section:
Sindh Civil Servants (Efficiency and Discipline) Rules, 1973----R.4(b)(iv)---Sindh Service Tribunals Act (XV of 1973), S.4--¬Co:istitution of Pakistan (1973), Art. 212(3)---Dismissal of civil servant, a police official, from service for involvement and arrest in criminal case---Departmental appeal to Deputy Inspector-General of Police was dismissed in June/July, 1997---Civil servant after his acquittal through dated 30-4-1998 produced its copy before Inspector¬ General of Police, who dismissed his review application in February/March, 1999---Service Tribunal accepted appeal of civil servant---Validity---Police Authorities had not given weight to acquittal order of civil servant passed by Court of competent jurisdiction--¬Impugned was well-reasoned and in accordance with principles laid by Supreme Court---Leave to appeal was refused. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---By this consolidated judgment we intend to dispose of the above mentioned petitions, which are directed against a common judgment, dated 12-6-2001 of the Sindh Service Tribunal, at Karachi, passed in Appeals Nos. 99 and 100 of 1999. 2. The facts, in brief, are that the petitioners who were constables and posted at Police Station Latifabad "A" Section, Hyderabad, were served with show-cause notice dated 23-10-1994, separately; by the S.S.P. Hyderabad, on the allegations that they were involved and arrested in Criminal Case No. 121 of 1994 under sections 395 and 396, P.P.C. The respondents submitted their replies but vide two separate orders dated 6-11-1994 they were dismissed from service by S.S.P. Hyderabad. Their departmental appeals to D.I.G. Police were rejected on- 9-6-1997 and 25-7-1998, respectively. Also, their review applications were turned down by the I.G. Police, Sindh vide orders dated 10-2-1999 and 10-3-1999. 3. Thereafter the respondents filed appeals before the Sindh Service Tribunal, Karachi, which were accepted vide impugned judgment dated 12-6-2001. Hence, these petitions by the Department. 4. Mr. Suleman Habibullah, learned Additional Advocate-General, appearing on behalf of the petitioners, inter alia, contended that impugned judgment is against law and facts and is not…
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