Case Details

Citation(s)
2003 SLG 1071 2003 SLD 1071 2003 PLC 1198
Supreme Court of Pakistan
Civil Petition No. 3568-L of 2001, decision dated: 3rd July, 2002. (On appeal from the judgment of the Punjab Service Tribunal, Lahore, dated 24-9-2001 passed in Appeal No.3444 of 1999)
MUNIR A. SHEIKH AND MIAN MUHAMMAD AJMAL, JJ

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MUDASSAR IQBAL

VS

D.I.G. POLICE and others

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-------S.4---Constitution of Pakistan (1973), Art.212(3)---Dismissal from service-- Professional negligence---Failure to prevent dacoity---Civil servant being police officer had failed to prevent a dacoity committed in jewellery market in a small town after sunset---Disciplinary proceedings were initiated against the civil servant and, after holding regular inquiry he was found negligent, and was dismissed from service---Service Tribunal maintained the dismissal order observing that rime had come to take deterrent action against police officials who apart from getting their confidence eroded in the minds of the public were a constant burden on the public exchequer and had lost their utility---Validity---Case being of an individual grievance, no question of law of public importance was involved within the contemplation of Art. 212 of the Constitution---Findings recorded by Departmental Authority based on established facts which had been upheld with cogent reasons by the Service Tribunal did not suffer from any illegality---Supreme Court declined to interfere with the passed by Service Tribunal---Leave to appeal was refused. Hafiz Tariq Nasim, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing; 3rd July, 2002. JUDGMENT MUNIR A. SHEIKH, J.---This petition is directed against the judgment dated 24-9-2001 passed by the Punjab Service Tribunal, Lahore, by which appeal filed by the petitioner against the order of the Departmental Authority of his dismissal from service has been rejected. 2. The petitioner was posted as Sub-Inspector at Police Station City, Kamoki. He was proceeded against for disciplinary action on the following charges:-- "On 16-3-1999, 6 six unknown armed bandits looted the jewellery shops in the busiest bazaar of Kamoki Town. Prior to looting the shops, the desperadoes resorted to indiscriminate firing and played havoc in the vicinity. As per report, the culprits looted as many as six jewellery shops and made away with gold ornaments and cash worth Rs.1,00,000 on a donkey cart brandishing their arms without any let and hindrance. Accordingly case F.I.R. No 146/99 was registered at…
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