| Case ID |
38324124-d6d3-499d-858c-1d8564aa31c6 |
| Body |
View case body. Login to View |
| Case Number |
Appeal No.744 of 1995 |
| Decision Date |
Apr 24, 2001 |
| Hearing Date |
Apr 24, 2001 |
| Decision |
The appellant, a constable, was dismissed from service due to unauthorized absence exceeding five months. Despite being issued a show-cause notice and being asked to appear for a personal hearing, he failed to do so. The court found the dismissal to be harsh given the nature of the misconduct and converted the punishment to compulsory retirement instead. |
| Summary |
In the case of Appeal No.744 of 1995, the Service Tribunal of Punjab addressed the dismissal of a constable from the police service due to prolonged unauthorized absence. The appellant had not reported back after attending court proceedings and remained absent for over five months. A show-cause notice was issued, but he did not respond, leading to disciplinary action under the Punjab Police (Efficiency and Discipline) Rules, 1975. The tribunal considered the arguments from both sides, ultimately finding that while the absence warranted action, the original punishment of dismissal was excessively severe. The tribunal decided to convert this to compulsory retirement, highlighting the importance of due process and fairness in disciplinary matters. This case underscores the balance between maintaining discipline within the police force and ensuring that penalties are proportionate to the misconduct. Keywords related to police discipline, service tribunal decisions, and administrative law are relevant for further exploration and understanding of similar cases. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
SYED AALEAHMAD, MEMBER-I
|
| Lawyers |
N. A. Butt,
Ali Afzal, IL/DR,
District Attorney
|
| Petitioners |
AMJAD ALI
|
| Respondents |
others,
THE SUPERINTENDENT OF POLICE, DISTRICT VEHARI
|
| Citations |
2002 SLD 1931,
2002 PLC 1290
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Police (Efficiency and Discipline) Rules, 1975
|
| Sections |
4,
5,
6
|