| Case ID |
324d14d5-6a7c-4370-a338-4823479b70c6 |
| Body |
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| Case Number |
601/62 of 1982 |
| Decision Date |
Sep 08, 1983 |
| Hearing Date |
|
| Decision |
The appeal of Bashir Ahmad has been accepted by the Service Tribunal, Punjab. The Tribunal ruled that the impugned order dated 10th January, 1982, which reinstated Bashir Ahmad as a Constable instead of his original rank as Head Constable, was incorrect. The Tribunal referenced a previous judgment, Saleem Hussain Gardezi v. Government of the Punjab, emphasizing that reinstatement must occur at the original rank held prior to termination. Therefore, the Tribunal modified the decision to reinstate Bashir Ahmad as Head Constable and not as Constable, aligning with the established legal principle that a civil servant can only be reinstated to the post they held before dismissal. The decision underscores the importance of adhering to procedural propriety in disciplinary actions within the police force, reinforcing the rights of employees against arbitrary demotion. |
| Summary |
The case revolves around the appeal of Bashir Ahmad, an ex-Head Constable dismissed for alleged misconduct involving the manhandling of a local councillor. The Service Tribunal determined that the dismissal was not substantiated and that Ahmad was entitled to reinstatement at his original rank. The Tribunal's ruling highlighted the legal principle that reinstatement should occur at the same rank from which an employee was dismissed, referencing a precedent case which reinforced this position. The decision illustrates the Tribunal's commitment to ensuring fair treatment for police personnel and adherence to established disciplinary protocols, thereby protecting employee rights within the framework of the Punjab Police (Efficiency and Discipline) Rules, 1975. This case emphasizes the need for law enforcement agencies to follow due process and maintain the integrity of their disciplinary proceedings. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMID CHAUDHRY
|
| Lawyers |
M. A. Riaz,
A. G. Humayun
|
| Petitioners |
Bashir Ahmad
|
| Respondents |
SUPERINTENDENT OF POLICE, VEHARI,
D. I.-G. Police, Multan Range, Multan,
I.-G. Police, Punjab, Lahore
|
| Citations |
1984 SLD 1542,
1984 PLC 936
|
| Other Citations |
Saleem Hussain Gardezi v. Government of the Punjab and 4 others 1981 P L C (C S) 592
|
| Laws Involved |
Punjab Police (Efficiency and Discipline) Rules, 1975
|
| Sections |
R. 4
|