| Case ID |
378cc57a-cab7-40a0-a50c-aff42b4d0a50 |
| Body |
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| Case Number |
Appeal No. 3532 of 1997 |
| Decision Date |
Sep 28, 2000 |
| Hearing Date |
Sep 28, 2000 |
| Decision |
The appeal was accepted and the dismissal of the appellant was set aside. The major penalty of dismissal was deemed harsh as it was awarded without a proper inquiry, particularly since the appellant had submitted medical leave applications supported by medical certificates. The appellant was reinstated in service and the intervening period was treated as extraordinary leave without pay. No costs were awarded. |
| Summary |
The case revolves around the dismissal of a police constable for prolonged absence. After taking three days of casual leave, the constable failed to return for nearly five months, citing medical reasons supported by certificates. The tribunal found that the dismissal was unjust as it lacked a proper inquiry, which is mandated under the Punjab Police (Efficiency and Discipline) Rules. The ruling emphasized the importance of conducting an inquiry before imposing major penalties, thereby reinstating the constable and treating his absence as extraordinary leave without pay. This case highlights the procedural safeguards in disciplinary actions within the civil service, ensuring that employees are afforded due process before facing severe penalties. Key terms include dismissal, inquiry, medical leave, and civil servant rights. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD SARWAR
|
| Lawyers |
Shamshir Iqbal Chughtai,
Muhammad Ashiq Bhatti
|
| Petitioners |
AURANGZEB
|
| Respondents |
others,
INSPECTOR GENERAL OF POLICE, PUNJAB, LAHORE
|
| Citations |
2002 SLD 1894,
2002 PLC 1106
|
| Other Citations |
1997 PLC (C.S.) 817
|
| Laws Involved |
Punjab Police (Efficiency and Discipline) Rules, 1975
|
| Sections |
6,
7
|