| Case ID |
03697cc7-c047-4afa-a63c-1315b53092a3 |
| Body |
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| Case Number |
C.P. No. 1567-L of 2019 |
| Decision Date |
Nov 19, 2020 |
| Hearing Date |
Nov 19, 2020 |
| Decision |
The Supreme Court ruled that the acquittal of Amir Abdul Majid in a homicide case does not automatically guarantee his reinstatement in the police service. The Court emphasized that even with an acquittal, the department retains the discretion to evaluate the appropriateness of a civil servant's continued employment based on the circumstances surrounding the case. The Court found that the Punjab Service Tribunal erred in its reliance solely on the acquittal without considering the totality of circumstances that questioned the respondent's suitability for service. Therefore, the petition was dismissed, affirming the Service Tribunal's decision was flawed but not warranting intervention by the Supreme Court. The ruling underscores the principle that departmental proceedings can consider factors beyond criminal acquittal when determining a civil servant's fitness for duty. |
| Summary |
This case revolves around the dismissal of Amir Abdul Majid, a police constable, following his indictment in a homicide case. Despite his eventual acquittal, the Punjab Service Tribunal reinstated him, a decision contested by the District Police Officer, Mianwali. The Supreme Court of Pakistan examined the implications of acquittal in departmental proceedings, concluding that acquittal alone does not preclude the department from dismissing an officer based on overall suitability and conduct. The ruling highlighted the distinct standards applied in criminal versus departmental hearings, affirming that the latter allows for a more comprehensive assessment of a civil servant's conduct. The judgment reiterates that the department's discretion in such matters is vital for maintaining order and discipline within its ranks. This case is significant for civil service jurisprudence, emphasizing the balance between legal acquittals and professional accountability. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
UMAR ATA BANDIAL, JUSTICE,
QAZI MUHAMMAD AMIN AHMED, JUSTICE
|
| Lawyers |
Mr. Zaman Khan Vardag, Addl. AG, Punjab
|
| Petitioners |
2 OTHERS,
DISTRICT POLICE OFFICER, MIANWALI
|
| Respondents |
AMIR ABDUL MAJID
|
| Citations |
2021 SLD 2163,
2021 PLJ 237
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32,
2020 SCMR 1708,
2011 PLC (C.S.) 990,
PLD 2010 SC 695,
2007 PLC (C.S.) 271,
2007 SCMR 562,
2006 SCMR 554,
2006 SCMR 1894,
2005 SCMR 824,
2004 SCMR 192,
PLD 2002 SC 13,
1996 SCMR 315,
1993 SCMR 2177,
1994 SCMR 1608,
1990 SCMR 1556,
1989 SCMR 316,
PLD 1992 SC 369,
PLD 1987 SC 195,
PLD 1985 SC 134,
PLD 1982 SC 413
|
| Laws Involved |
Punjab Police (Efficiency and Discipline) Rules, 1975,
Constitution of Pakistan, 1973
|
| Sections |
12,
212(3)
|