| Case ID |
16b66f47-7f97-4cb9-9fa2-4a7990c2a3b6 |
| Body |
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| Case Number |
418/1923 of 1982 |
| Decision Date |
Mar 08, 1983 |
| Hearing Date |
|
| Decision |
The Tribunal dismissed Masood Ahmad's appeal against his discharge from service as a Police Constable. The appellant was terminated under Punjab Police Rules, 1934, Section 12.21, and Punjab Civil Servants Act (VIII of 1974), Section 10, due to repeated misconduct, including unauthorized absences and involvement in a theft case, despite his eventual acquittal. The Tribunal found that the termination was in strict accordance with the relevant laws and Punjab Police regulations, deeming the appellant's service record unsatisfactory and his performance during the probation period inadequate. As a result, the request for reinstatement and back benefits was denied, and the appeal was dismissed without awarding costs. |
| Summary |
In the landmark case of Masood Ahmad vs Deputy Inspector-General of Police, Rawalpindi Range Rawalpindi, adjudicated by the Service Tribunal, Punjab on March 8, 1983, the appellant, Masood Ahmad, a Police Constable, appealed his termination under Police Rule 12.21 and Punjab Civil Servants Act (VIII of 1974), Section 10. Enrolled on October 19, 1976, Ahmad's service record was marred by repeated misconduct, including multiple unauthorized absences and involvement in a theft case (F.I.R No-284 under Section 380 P.P.C.), which led to his discharge on June 10, 1978. Despite being acquitted of the theft charges due to insufficient evidence, the Tribunal upheld his termination, emphasizing that his overall service was deemed unsatisfactory and his performance during probation did not meet the standards required for a police official. The Tribunal referenced Punjab Police Rules, 1934 and Punjab Service Tribunals Act, (IX of 1974), Section 4, to validate the dismissal process, which was conducted in accordance with legal protocols without any exceptions. The appellant's subsequent appeals to higher authorities were also rejected, citing procedural limitations and adherence to established regulations. Represented by Fazal Ilahi Siddiqi, Ahmad argued for reinstatement and back benefits, highlighting his acquittal; however, the Tribunal maintained that the termination was justified based on his service record and the inability to prove his efficiency as a police officer. The decision underscores the strict enforcement of disciplinary measures within Punjab Police, ensuring that only those meeting the requisite standards continue in service. This case highlights important aspects of administrative law, police disciplinary procedures, and the significance of maintaining a clean service record in law enforcement careers. It also illustrates the Tribunal's role in upholding organizational discipline by evaluating misconduct and performance metrics to make impartial decisions. The ruling serves as a precedent for future cases involving police service terminations, reinforcing the importance of following established legal frameworks and the consequences of repeated misconduct in maintaining law and order. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Service Tribunal, Punjab,
Punjab Civil Servants Act,
Punjab Service Tribunals Act,
Punjab Police
|
| Judges |
MALIK ZAWWAR HUSSAIN
|
| Lawyers |
Fazal Ilahi Siddiqi,
Haroon-ur-Rashid Cheema
|
| Petitioners |
MASOOD AHMAD,
MALIK ZAWWAR HUSSAIN SAND ABDUL HAMID CHAUDHRY, MEMBERS
|
| Respondents |
DEPUTY INSPECTOR-GENERAL OF POLICE, RAWALPINDI RANGE RAWALPINDI
|
| Citations |
1983 SLD 1898,
1983 PLC 1030
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Police Rules, 1934,
Punjab Civil Servants Act (VIII of 1974),
Punjab Service Tribunals Act (IX of 1974),
Pakistan Penal Code (P.P.C),
Criminal Procedure Code (Cr.P.C)
|
| Sections |
12.21,
10,
4,
380,
249-A
|