| Case ID |
3847f47b-5d47-40c6-b05a-bbb1ead420bd |
| Body |
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| Case Number |
308/628 of 1980 |
| Decision Date |
Feb 17, 1981 |
| Hearing Date |
|
| Decision |
The Tribunal ruled that the dismissal of Muhammad Saleem was void due to the violation of the principles of natural justice. It was determined that the competent authority did not provide him with a personal hearing, which is a fundamental right under the applicable rules. The Tribunal emphasized that disciplinary actions must not be taken hastily without proper inquiry, especially when the accused is facing criminal charges and asserts an alibi. The dismissal order was declared illegal, and Muhammad Saleem was to be reinstated with all back benefits. |
| Summary |
This case revolves around the dismissal of Muhammad Saleem, a Head Constable, from the Punjab Police. Accused of corruption, Saleem was subjected to disciplinary action without a proper hearing while he was in judicial custody. The Tribunal found that the Superintendent of Police failed to adhere to the mandatory provisions of the Punjab Police (Efficiency and Discipline) Rules, 1975, which require a personal hearing before imposing penalties. The Tribunal highlighted the importance of following due process in disciplinary matters, especially when the accused claims innocence and presents an alibi. The decision underscored that justice must not be sacrificed for expediency, leading to the conclusion that the dismissal was void and contrary to the principles of natural justice. This case serves as a critical reminder of the rights of public servants and the need for transparency and fairness in disciplinary proceedings. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL JABBAR KHAN (CHAIRMAN),
S. HAFIZUR REHMAN,
MALIK ZAWWAR HUSSAIN
|
| Lawyers |
Hamid Khan,
H.R. Cheema
|
| Petitioners |
MUHAMMAD SALEEM
|
| Respondents |
GOVERNMENT OF PUNJAB,
Inspector-General of Police, Punjab,
D.I.-G.P., Sargodha Range,
Superintendent of Police, Faisalabad
|
| Citations |
1986 SLD 2102,
1986 PLC 414
|
| Other Citations |
Muhammad Murtaza Qazi v. University of Sind and others P L D 1960 (W.P.) Kar. 500,
Muhammad Nawaz v. The Deputy Commissioner, Multan and others 1980 P L C (C.S.) 213
|
| Laws Involved |
Punjab Police (Efficiency and Discipline) Rules, 1975,
Punjab Service Tribunals Act (IX of 1974),
Prevention of Corruption Act, 1947
|
| Sections |
R. 6(3)(i)(b),
S.4,
5(2)
|