| Case ID |
3027ed3c-f049-40a6-aa75-bb4e2e600d3c |
| Body |
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| Case Number |
Appeal No. 96 of 1988 |
| Decision Date |
Feb 12, 1989 |
| Hearing Date |
Feb 12, 1989 |
| Decision |
The appeal was allowed, and the dismissal of the appellant was set aside. The tribunal found that there was no substantial evidence against the appellant, apart from a cheque book and a bank deposit. The prosecution failed to prove its case beyond a reasonable doubt, leading to the conclusion that the appellant was wrongly dismissed from service. The appellant was reinstated to his post with all back benefits from the date of dismissal. |
| Summary |
In the landmark case decided on 12th February 1989, the Service Tribunal of N.W.F.P. addressed the dismissal of a police officer, Said Karim, on charges of corruption and misconduct. The tribunal emphasized the principle that the prosecution must prove its case beyond a reasonable doubt. Despite the existence of a cheque book and significant bank deposits, the tribunal found no direct evidence linking the appellant to the alleged misconduct. The decision highlighted the importance of due process and the necessity of solid evidence in disciplinary actions against public servants. This case serves as a crucial reference for future cases involving allegations of misconduct in public service, reaffirming the standards of proof required in such proceedings. |
| Court |
Service Tribunal, N.W.F.P.
|
| Entities Involved |
Not available
|
| Judges |
MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN),
TAJ MUHAMAD KHAN (MEMBER)
|
| Lawyers |
Atiq-ur-Rehman Qazi for Appellant,
Public Prosecutor for Respondents
|
| Petitioners |
SAID KARIM
|
| Respondents |
another,
INSPECTOR-GENERAL OF POLICE, N.W.F.P., PESHAWAR
|
| Citations |
1989 SLD 2128,
1989 PLC 336
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Police (Efficiency and Discipline) Rules, 1975,
North-West Frontier Province Service Tribunals Act (I of 1974)
|
| Sections |
R. 6,
S. 4
|