| Case ID |
22c78c51-7783-4e45-a1f2-ffea37acbdc7 |
| Body |
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| Case Number |
458/1885 of 1982 |
| Decision Date |
Mar 30, 1983 |
| Hearing Date |
|
| Decision |
The tribunal found that the original dismissal of Muhammad Sarwar from his position as a Constable was flawed due to procedural errors. The Inspector-General of Police had previously ordered a formal inquiry, which was not conducted properly by the Superintendent of Police. Consequently, the tribunal ruled that the dismissal orders were illegal, reinstating Sarwar with all back benefits. The case was remanded for a fresh inquiry in compliance with the established rules, emphasizing the importance of proper procedural adherence in disciplinary actions against police personnel. |
| Summary |
In the case of Muhammad Sarwar vs. Superintendent of Police, Traffic, Lahore, the Service Tribunal of Punjab addressed significant procedural violations concerning the dismissal of a police officer. The tribunal highlighted the importance of adhering to the Punjab Police (Efficiency and Discipline) Rules, 1975, particularly sections 6(3) and 7, which dictate the proper conduct of departmental inquiries. The officers failed to follow the correct procedures, including the absence of a charge-sheet and proper notifications. This resulted in an unjust dismissal, which was overturned by the tribunal. The decision underscores the necessity for law enforcement agencies to follow due process in disciplinary matters to ensure fairness and justice. The ruling not only reinstated Sarwar but also set a precedent for future cases involving police discipline, emphasizing the significance of procedural integrity in maintaining trust and accountability within the police force. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Malik Zawwar Hussain,
Abdul Hamid Chaudhry
|
| Lawyers |
Masud Ahmed Riaz,
Haroon-ur-Rashid Cheema
|
| Petitioners |
Muhammad Sarwar
|
| Respondents |
Inspector-General of Police, Punjab, Lahore,
Superintendent of Police, Traffic, Lahore,
Deputy Inspector-General of Police, Lahore Range, Lahore
|
| Citations |
1983 SLD 2004,
1983 PLC 1197
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Police (Efficiency and Discipline) Rules, 1975,
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
6(3),
7,
4
|