| Case ID |
2041bcfc-2d22-4428-8afa-728451d5f84a |
| Body |
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| Case Number |
Appeal No. 184 of 1989 |
| Decision Date |
Oct 02, 1990 |
| Hearing Date |
Sep 10, 1990 |
| Decision |
The Tribunal found that the misconduct attributed to the appellant, Shah Muhammad, ASI, was not established on the basis of any positive evidence beyond reasonable doubt. The show-cause notice served against him was based on presumptions and suppositions without any conclusive evidence linking him to the hostile testimony of the prosecution witness, Rasool Bakhsh. Therefore, the decision to reduce his pay was set aside, and the appeal was accepted, reinforcing the importance of conducting regular inquiries in cases involving serious charges. |
| Summary |
In the case of Shah Muhammad vs. Senior Superintendent of Police, Multan, the appellant faced charges of misconduct for allegedly influencing a prosecution witness to turn hostile in a drug recovery case. The Service Tribunal, Punjab, highlighted the inadequacy of evidence against the appellant and criticized the reliance on a shorter inquiry process instead of a regular one. The decision emphasized the necessity of a thorough investigation in cases involving serious allegations to uphold justice and maintain the integrity of law enforcement. The Tribunal's ruling serves as a pivotal reference for similar cases, reinforcing the legal standards required for disciplinary actions against police personnel. Key terms include misconduct, evidence standards, police discipline, and inquiry procedures. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MEHMOOD ASLAM PIRZADA (Chairman),
ABDUL HAMID KHAN (Member)
|
| Lawyers |
MA. Riaz,
Ch. Manzoor Hussain
|
| Petitioners |
SHAH MUHAMMAD
|
| Respondents |
SENIOR SUPERINTENDENT OF POLICE, MULTAN
|
| Citations |
1991 SLD 1592,
1991 PLC 611
|
| Other Citations |
Samiuddin Qureshi v. Collector of Customs PLD 1989 SC 335,
Abdul Ghaffar Qureshi v. Federation of Pakistan 1989 SCMR 561
|
| Laws Involved |
Punjab Police Servants (Efficiency and Discipline) Rules, 1975
|
| Sections |
R. 4
|