Legal Case Summary

Case Details
Case ID 388c6d82-8be8-4578-80c1-175574126ee1
Body View case body.
Case Number Appeal No.133 of 1992
Decision Date Dec 15, 1993
Hearing Date Dec 06, 1993
Decision The appeal filed by Roshan Ali against the order of discharge from service was dismissed. The tribunal found that the appellant was a police constable who was discharged under Rule 12.21 of the Police Rules, and that his discharge was based on a general assessment of his work and performance rather than on any misconduct or stigma associated with his prior criminal case. The tribunal emphasized that since the appellant was still a probationer, his services could be terminated without a show-cause notice. The appeal was also found to be time-barred, as it was filed more than two years after the discharge order. The tribunal concluded that the discharge order did not carry any stigma and was legal under the applicable rules.
Summary This case revolves around the appeal of Roshan Ali, a police constable who was discharged from service based on an assessment of his potential as an officer. Despite being acquitted of criminal charges, his appeal against the discharge was dismissed due to the lack of a timely challenge and the nature of his probationary status. The ruling reinforces the authority of superiors to assess the performance of probationers and emphasizes the legal framework governing such discharges. Key legal principles from the Police Rules and previous case law were applied to conclude that the discharge was valid and without stigma. The case highlights the nuances of employment law in the public sector, particularly concerning the rights of probationary employees.
Court Service Tribunal, Sindh
Entities Involved Not available
Judges JUSTICE (RETD) MUNAWARALI KHAN, KB. DODANI, GHULAM ABBAS SOOMRO
Lawyers Abdul Latif Ansari, AA.-G.
Petitioners ROSHAN ALI
Respondents THE ADDITIONAL I.G. POLICE, SINDH
Citations 1994 SLD 875, 1994 PLC 1004
Other Citations PLD 1990 SC 731, Muhammad Siddiq Javaid Chaudhry v. Government of West Pakistan PLD 1974 SC 393
Laws Involved Police Rules
Sections 12.21