| Case ID |
03a09a94-6bce-46d7-93b5-a97466aa5408 |
| Body |
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| Case Number |
Appeal No. 1067 of 2001 |
| Decision Date |
Sep 06, 2001 |
| Hearing Date |
Sep 04, 2001 |
| Decision |
The major penalty of compulsory retirement imposed on the civil servant was converted into a minor punishment of forfeiture of two years' approved service. The court found that the civil servant acted in good faith when he arrested an innocent person due to a name similarity with a proclaimed offender. The civil servant had taken steps to ensure the arrested person was presented before a magistrate to prove his innocence. Since there was no evidence of dishonesty or torture, the court ruled that the punishment was overly harsh and reinstated the civil servant, treating the intervening period as extraordinary leave without pay. |
| Summary |
This case revolves around the disciplinary action taken against MUZAMMAL HUSSAIN, a Sub-Inspector of Police, who was accused of arresting an innocent person due to a mistaken identity linked to a proclaimed offender. The Service Tribunal examined the circumstances leading to the appellant's arrest of Muhammad Ilyas, where it was determined that the civil servant's actions, although negligent, were executed in good faith. The tribunal highlighted the importance of due process, noting that the arrested individual was given the opportunity to prove his innocence. The decision underscores the principles of justice and fair treatment within the police force, ultimately converting the harsh penalty of compulsory retirement into a minor punishment. Key terms include police discipline, wrongful arrest, and judicial oversight, all of which are pertinent to current discussions on law enforcement accountability and civil rights. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD SARWAR
|
| Lawyers |
Masud Ahmad Riaz for Appellant,
Mian Munir Ahmad, District Attorney for Respondent
|
| Petitioners |
MUZAMMAL HUSSAIN
|
| Respondents |
another,
THE DEPUTY INSPECTOR GENERAL OF POLICE, GUJRANWALA
|
| Citations |
2002 SLD 1977,
2002 PLC 1455
|
| Other Citations |
1993 PLC (C.S.) 1443,
1988 SCMR 691
|
| Laws Involved |
Punjab Police (Efficiency and Discipline) Rules, 1975
|
| Sections |
Rr.2(iii),
Rr.4(a)(ii)
|