| Case ID |
2e1b688a-1a4e-415a-a21a-e6561c42a999 |
| Body |
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| Case Number |
335/1774 of 1982 |
| Decision Date |
Apr 26, 1983 |
| Hearing Date |
|
| Decision |
The Service Tribunal determined that the punishment of discharge from service imposed on Bilal Ahmad was excessive given the circumstances. The Tribunal noted that the appellant was not afforded an opportunity to defend himself against the allegations of using unfair means in an examination. The lack of a fair hearing and the discrepancies in the handling of similar cases led to the conclusion that the decision by the Board was unjust. Consequently, the Tribunal modified the punishment to censure and the stoppage of one increment without future effect, while treating the intervening period as leave without pay. The appellant was to be reinstated in service. |
| Summary |
In the case of Bilal Ahmad vs. Superintendent of Police (Admn.), Lahore, the Service Tribunal of Punjab addressed the issues surrounding the discharge of the appellant from his position as Assistant Sub-Inspector of Police. The Tribunal found that the appellant was not given a fair chance to defend himself against allegations of misconduct during an examination at the Police Training College, Sihala. The case revolved around Police Rules, 1934, particularly R. 19.25, and the Punjab Service Tribunals Act, which mandates fair hearing rights. The Tribunal concluded that the punishment was disproportionate to the alleged misconduct and reinstated the appellant with a modified penalty, emphasizing the importance of due process in administrative actions. This case highlights critical aspects of employment law within the police force and the necessity for procedural fairness in disciplinary matters. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL,
JABBAR KHAN,
MALIK ZAWWAR HUSSAIN,
ABDUL HAMID CHAUDHRY
|
| Lawyers |
Masud Ahmad Riaz,
A. G. Humayun
|
| Petitioners |
BILAL AHMAD
|
| Respondents |
2 OTHERS,
SUPERINTENDENT OF POLICE (ADMN.), LAHORE
|
| Citations |
1983 SLD 1967,
1983 PLC 1138
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Police Rules, 1934,
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
R. 19.25,
r. 41,
S. 4
|