| Case ID |
0f946b09-e5fd-4e5f-8f57-da596fa75494 |
| Body |
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| Case Number |
Civil Petition No. 2692-L of 2016 |
| Decision Date |
Jan 03, 2022 |
| Hearing Date |
Jan 03, 2022 |
| Decision |
The Supreme Court of Pakistan allowed the appeal filed by the petitioner, Muhammad Iqbal, against his dismissal from the police service. The Court noted that the fundamental basis for the dismissal, which was the petitioner's alleged involvement in a narcotics case, ceased to exist following his acquittal by the High Court. The Court directed that the departmental authorities could initiate fresh disciplinary proceedings against the petitioner, ensuring that he is granted an opportunity to be heard in accordance with the law. The Court emphasized that the outcome of the disciplinary proceedings does not depend on the outcome of criminal proceedings, thus reinforcing the principle of fair hearing and the right to defend against charges that have been subsequently overturned. |
| Summary |
This case revolves around the dismissal of a police official, Muhammad Iqbal, from service based on alleged involvement in a narcotics case, leading to his arrest and subsequent disciplinary actions taken against him. The Supreme Court of Pakistan, in its ruling, highlighted the significance of the acquittal of the petitioner by the High Court, which rendered the grounds for his dismissal invalid. The Court's decision underscores the importance of due process, the right to a fair hearing, and the separation of departmental and criminal proceedings. The ruling allows for the possibility of new disciplinary proceedings, emphasizing a balanced approach to justice in civil service matters. This case serves as a precedent for similar cases involving police officials and the implications of criminal allegations on their employment status. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
UMAR ATA BANDIAL,
SAYYED MAZAHAR ALI AKBAR NAQVI
|
| Lawyers |
Malik Matteullah
|
| Petitioners |
MUHAMMAD IQBAL
|
| Respondents |
ANOTHER,
REGIONAL POLICE OFFICER, SAHIWAL
|
| Citations |
2022 SLD 1099,
2022 SCMR 1520
|
| Other Citations |
Not available
|
| Laws Involved |
CNSA,
Arms Ordinance, 1965
|
| Sections |
9(c),
13/20/65
|