| Case ID |
1a27c67c-d7f7-414d-9671-ddf73c5cc8ba |
| Body |
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| Case Number |
Civil Petition No.807 of 1987 |
| Decision Date |
Jul 31, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition filed by the Sub-Inspector of Police, Mian Muhammad, challenging the decision of the Punjab Service Tribunal. The petitioner had previously faced disciplinary action due to inefficiency in investigating a theft case. The court ruled that the petitioner did not approach the Tribunal within the prescribed time after the dismissal of his first appeal. The court stated that there was no provision for a second appeal, and thus the Tribunal did not err in dismissing the appeal based on limitation. The contention that the time spent in filing the second appeal should be credited was rejected, affirming the finality of the Deputy Inspector-General's decision. |
| Summary |
This case revolves around the disciplinary proceedings against Mian Muhammad, a Sub-Inspector of Police, who faced allegations of inefficiency in his duties. Following a show-cause notice from the Superintendent of Police, and subsequent appeals that were dismissed due to procedural issues, Mian Muhammad sought leave to appeal to the Supreme Court of Pakistan. The core issue was whether the time spent on an incompetent second appeal could be counted towards the limitation period for filing a competent appeal before the Punjab Service Tribunal. The Supreme Court ultimately ruled that the petitioner had not complied with the necessary timelines, leading to the dismissal of his petition. This case highlights the importance of adhering to procedural rules in legal appeals and the finality of administrative decisions within the police disciplinary framework. It serves as a reminder for legal practitioners to ensure that all procedural requirements are met in order to avoid dismissal of appeals based on technicalities. Keywords: disciplinary action, police efficiency, procedural rules, Supreme Court, Punjab Service Tribunal, legal appeals. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
SAAD SAOOD JAN
|
| Lawyers |
Ch.Inayatullah,
Muhammad Aslam Chaudhry
|
| Petitioners |
MIAN MUHAMMAD
|
| Respondents |
another,
PROVINCE OF PUNJAB
|
| Citations |
1990 SLD 1119,
1990 SCMR 1473
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Police (Efficiency and Discipline) Rules, 1975,
Punjab Service Tribunals Act (IX of 1974),
Constitution of Pakistan (1973)
|
| Sections |
14(2),
4,
212(3)
|