| Case ID |
2bd94d86-6a46-4c27-8efd-830670a48fe9 |
| Body |
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| Case Number |
942/1156 of 1984 |
| Decision Date |
Apr 24, 1985 |
| Hearing Date |
|
| Decision |
The appeal of Imdad Hussain, Ex-A.S.I. of Gujranwala District, was accepted due to the absence of a proper regular enquiry. The tribunal found that the initial dismissal was not in accordance with the law since the necessary procedures were not followed. The case was remanded to the competent authority for a fresh inquiry, reinstating the appellant and restoring his status as a civil servant. The tribunal emphasized that the failure to hold a regular enquiry, particularly in cases involving corruption allegations, contravened established legal principles and procedural requirements. |
| Summary |
In the case of Imdad Hussain vs. Deputy Inspector-General of Police, the Service Tribunal of Punjab addressed significant issues regarding procedural fairness in disciplinary actions against police officials. The appellant, Imdad Hussain, was dismissed for alleged misconduct related to accepting illegal gratification. However, the tribunal found that the dismissal occurred without a proper regular enquiry, which is a critical requirement in such cases. The tribunal underscored the importance of adhering to legal standards to ensure justice and protect the rights of civil servants. This ruling sets a precedent emphasizing the necessity of a thorough investigation and due process in disciplinary proceedings, particularly when corruption allegations are involved. The case highlights the balance between maintaining law enforcement integrity and upholding the rights of officers under investigation. Keywords: police misconduct, disciplinary action, due process, corruption allegations, legal standards. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMID CHAUDHRY
|
| Lawyers |
Muhammad Ibrahim, Deputy District Attorney
|
| Petitioners |
Imdad Hussain
|
| Respondents |
Deputy Inspector-General of Police, Gujranwala Range,
Senior Superintendent of Police, Gujranwala
|
| Citations |
1985 SLD 2322,
1985 PLC 1030
|
| Other Citations |
PLD 1974 SC 393
|
| Laws Involved |
Punjab Police (Efficiency and Discipline) Rules, 1975,
Punjab Service Tribunals Act, 1974
|
| Sections |
R. 6 (3),
S. 4
|