| Case ID |
1f4c1c2e-1bef-4fad-9a5b-24b3de10dfbf |
| Body |
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| Case Number |
Civil Petition No.810-L of 2000 |
| Decision Date |
Feb 28, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition against the Punjab Service Tribunal's decision to uphold the removal of the petitioner, DAWOOD ALI, from service. The court determined that the departmental inquiry and subsequent removal were valid despite the petitioner's acquittal in a criminal case. The Tribunal found sufficient evidence of misconduct, including intoxication and public disturbance. The court reaffirmed that departmental actions can proceed independently of criminal proceedings, thereby maintaining the integrity of service regulations. No merit was found in the petitioner's arguments, leading to a refusal of leave to appeal. |
| Summary |
This case revolves around the dismissal of DAWOOD ALI, a police officer, for misconduct while intoxicated. The Supreme Court of Pakistan upheld the decision of the Punjab Service Tribunal, asserting that departmental inquiries can be conducted independently from criminal cases. The court highlighted the importance of maintaining discipline within the police force and noted that an acquittal in criminal court does not negate the findings of a departmental inquiry. The ruling emphasizes the legal framework surrounding police conduct and the authority of service tribunals in matters of employment within the police. This case serves as a precedent for similar cases where departmental penalties are challenged following criminal acquittals. Keywords include 'police misconduct', 'departmental inquiry', 'Supreme Court of Pakistan', 'service regulations', 'Punjab Service Tribunal', and 'criminal acquittal'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Ch. Mushtaq Ahmed Khan
|
| Petitioners |
DAWOOD ALI
|
| Respondents |
SUPERINTENDENT OF POLICE and others
|
| Citations |
2007 SLD 1791,
2007 PLC 46
|
| Other Citations |
Inspector-General of Police, Police Headquarters Office, Karachi and 2 others v. Shafqat Mehmood 2003 SCMR 207,
Rashid Mehmood v. Additional Inspector-General of Police and 2 others 2002 SCMR 57,
Arif Ghafoor v. Managing Director, H.M.C. Taxila and others PLD 2002 SC 13,
Deputy Inspector-General of Police v. Anis-ur-Rehman Khan PLD 1985 SC 134,
Muhammad Ayub v. The Chairman, Electricity Board, WAPDA, Peshawar PLD 1987 SC 195,
Muhammad Tufail v. Assistant Commissioner/Collector 1989 SCMR 316,
Amir Abdullah v. Superintendent of Police and others 1989 SCMR 333,
Muhammad Nazir v. The Superintendent of Police, Toba Tek Singh and others 1990 SCMR 1556,
Talib Hussain v. Anar Gul Khan and others 1993 SCMR 2177,
Muhammad Izharul Ahsan Qureshi v. Messrs P.I.A.C. 1994 SCMR 1608,
Mir Nawaz Khan v. Federal Government through Secretary, Ministry of Finance, Islamabad and 2 others 1996 SCMR 315
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974),
Constitution of Pakistan (1973)
|
| Sections |
4,
Art.212(3)
|