| Case ID |
16afc56a-fa2d-43f1-9bf3-f6330774d432 |
| Body |
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| Case Number |
Appeal No. 99 of 1986 |
| Decision Date |
Mar 30, 1988 |
| Hearing Date |
|
| Decision |
The Tribunal found that the dismissal of the appellant, a Head Constable, was illegal as the Deputy Inspector-General of Police acted beyond his jurisdiction, being the appellate authority. The Tribunal set aside the impugned order, reinstated the appellant with back benefits, and remanded the case to the Superintendent of Police for further action from the stage of the Deputy Inspector-General's order. The decision emphasizes the importance of adhering to established procedures and the authority's jurisdiction in disciplinary matters. |
| Summary |
In this landmark case, the Service Tribunal of the North-West Frontier Province addressed the unlawful dismissal of a Head Constable due to alleged misconduct. The critical issue revolved around jurisdictional overreach by the Deputy Inspector-General, who, despite being the appellate authority, imposed a major penalty without proper legal basis. The Tribunal's ruling reinstated the appellant, highlighting the necessity for law enforcement agencies to follow due process and the rules governing service matters. This case serves as a significant precedent in ensuring that disciplinary actions within police forces are conducted in accordance with established laws, thereby protecting the rights of the officers involved. Keywords such as 'police misconduct', 'jurisdiction', 'disciplinary actions', and 'service rules' are vital for understanding the implications of this ruling. |
| Court |
Service Tribunal, N.W.F.P.
|
| Entities Involved |
Not available
|
| Judges |
MALIK MUHAMMAD PERVEZ KHAN,
SAHIBZADA MUHAMMAD FARIDOON KHAN
|
| Lawyers |
Atiq-ur-Rehman Qazi,
Sultan Mohammad
|
| Petitioners |
AQAL MAND
|
| Respondents |
2 others,
INSPECTOR-GENERAL OF POLICE, N.JW.F.P., PESHAWAR
|
| Citations |
1988 SLD 1040,
1988 PLC 387
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Police (Efficiency and Discipline) Rules, 1973
|
| Sections |
5,
6
|