| Case ID |
384c4ac8-0109-4814-91cf-f5a3e25dfa47 |
| Body |
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| Case Number |
C.P. No. 2248 of 2017 |
| Decision Date |
Oct 25, 2018 |
| Hearing Date |
Oct 25, 2018 |
| Decision |
The Supreme Court of Pakistan has allowed the appeal and restored the order of dismissal against Respondent No. 1, emphasizing the importance of discipline within the National Highways and Motorway Police. The court found that the Service Tribunal had erred in law, misinterpreting the facts surrounding the habitual absence of Respondent No. 1 and failing to recognize the serious implications of such conduct. The court underscored that the Respondent's behavior was detrimental to the disciplined nature of the police force, warranting the original penalty of dismissal from service. The decision serves as a reaffirmation of the need for strict adherence to service regulations and the consequences of misconduct. |
| Summary |
In the case of C.P. No. 2248 of 2017, the Supreme Court of Pakistan addressed the appeal concerning the dismissal of a police officer for habitual absence from duty. The court's ruling highlighted the critical importance of maintaining discipline within law enforcement agencies, particularly the National Highways and Motorway Police. The Respondent, who had a documented history of unauthorized absences, was reinstated by the Service Tribunal, a decision the Supreme Court found to be legally unsound. The court's analysis pointed out that the Tribunal did not properly consider the implications of the Respondent's conduct on the discipline of the force. This ruling emphasizes the necessity for law enforcement personnel to adhere strictly to duty requirements and the legal frameworks governing their conduct. The Supreme Court restored the dismissal order, reaffirming that misconduct cannot be overlooked in any professional setting, especially within the police service, where discipline is paramount. This case serves as a critical reference for future disciplinary actions and the enforcement of service regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Service Tribunal, Karachi,
National Highways and Motorway Police
|
| Judges |
IJAZ-UL-AHSAN,
MIAN SAQIB NISAR
|
| Lawyers |
Mr. Sajid Ilyas Bhatti, DAG,
M. Iqbal, DSP Legal, NH&MP
|
| Petitioners |
DIG, NH & MP, Karachi
|
| Respondents |
GHULAM MUSTAFA MAHAR AND ANOTHER
|
| Citations |
2019 SLD 1049,
2019 PLJ 200
|
| Other Citations |
Not available
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973
|
| Sections |
R.4(b)(iv)
|