| Case ID |
2df2cbff-0e78-4d6c-a2d5-5e8b5f4de1ff |
| Body |
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| Case Number |
Appeal No. 38 of 1992 |
| Decision Date |
Sep 29, 1992 |
| Hearing Date |
Sep 23, 1992 |
| Decision |
The appeal of Tasdiq Waris against his dismissal from service was allowed, and the impugned order of dismissal was set aside. The tribunal found that the competent authority had failed to provide sufficient evidence to substantiate the charges of misconduct against the appellant. The tribunal highlighted that moral satisfaction of the authority could not be considered as legal proof. The decision emphasized the necessity for strict adherence to procedural requirements in disciplinary actions, ensuring that charges must be proven with tangible evidence. The tribunal also pointed out the potential dangers of the criminal tendencies within the police force and advocated for reforms to enhance accountability and discipline among police personnel. |
| Summary |
In the case of Tasdiq Waris, the Service Tribunal of Sindh examined the dismissal of a police officer on charges of misconduct and inefficiency. The appellant, Tasdiq Waris, was dismissed after allegations linked him to the theft of two motor vehicles. However, the tribunal found that the necessary evidence to support these allegations was lacking. The tribunal stressed the importance of legal proof in disciplinary proceedings, asserting that mere moral conviction was insufficient for punitive action. The ruling called for a reevaluation of the procedures governing police discipline, particularly in light of the growing concerns regarding corruption and misconduct within law enforcement. The case highlights the ongoing need for reform in police practices and the establishment of clear guidelines to ensure fair treatment of officers under investigation. The decision serves as a precedent for future cases involving allegations against police personnel, reinforcing the principle that charges must be substantiated with credible evidence to uphold the integrity of disciplinary processes. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Sindh Reserve Police,
City Police Station, Khairpur
|
| Judges |
MUNAWAR ALI KHAN (CHAIRMAN),
GHULAM MUJADID ISRAN,
A. RASHID KHAN SHERWANI
|
| Lawyers |
M.M. Aqil Awan,
Habibur Rasheed
|
| Petitioners |
TASDIQ WARIS
|
| Respondents |
Sindh Police
|
| Citations |
1993 SLD 1457,
1993 PLC 714
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Police (Efficiency and Discipline) Rules, 1988,
Constitution of Pakistan (1973)
|
| Sections |
4,
6(4),
8(3)(a)
|