| Case ID |
0400dc3f-8e1e-4f3d-bedb-f8da6055145c |
| Body |
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| Case Number |
Civil Petition No.708 of 1984 |
| Decision Date |
Mar 14, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the decision of the Punjab Service Tribunal, confirming the removal of the petitioner, Riaz Akhtar, from his position as Assistant Sub-Inspector of Police. The Court found that the Superintendent of Police had the discretion to determine the necessity of a detailed inquiry regarding the alleged maltreatment of a raiding Magistrate. The petitioner’s absence from duty without permission was also substantiated, as he had left for Lahore and was untraceable for an extended period. The decision emphasized the importance of maintaining discipline within the police force and the authority of the Superintendent to act in such matters. Consequently, the petition for leave to appeal was dismissed. |
| Summary |
In the case of Civil Petition No.708 of 1984, the Supreme Court of Pakistan addressed the disciplinary action taken against Riaz Akhtar, an Assistant Sub-Inspector of Police, who was dismissed following allegations of misconduct, including maltreatment of a Magistrate during a corruption investigation. The Court examined the procedural aspects of the disciplinary action under the Punjab Police (Efficiency and Discipline) Rules, 1975, and the relevant constitutional provisions. The case highlights critical issues such as police accountability, the discretion of police authorities in disciplinary matters, and the procedural fairness required in such inquiries. The Court concluded that the Superintendent of Police acted within his rights by not conducting a detailed inquiry and upheld the dismissal on grounds of misconduct and absence without leave. This ruling underscores the importance of upholding discipline within law enforcement agencies and the legal frameworks governing them, making it a significant case in the realm of administrative law and police conduct. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
GHULAM MUJADDID,
SAAD SAOOD JAN
|
| Lawyers |
Hamid Khan, Advocate Supreme Court,
S. Inayat Hussain, Advocate-on-Record
|
| Petitioners |
RIAZ AKHTAR
|
| Respondents |
others,
DEPUTY INSPECTORGENERAL OF POLICE
|
| Citations |
1989 SLD 1784,
1989 SCMR 1578
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Police (Efficiency and Discipline) Rules, 1975,
Constitution of Pakistan (1973)
|
| Sections |
5,
6,
7,
212(3)
|