| Case ID |
39ace66a-66d0-4068-a417-08afc5a0b163 |
| Body |
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| Case Number |
550/988 of 1984 |
| Decision Date |
Feb 13, 1985 |
| Hearing Date |
|
| Decision |
The appeal was partly accepted, restoring the appellant to the post of Officiating Sub-Inspector effective from 26-3-1980. The punishment of forfeiture of two years of approved service was maintained but modified to apply only in the rank of Officiating Sub-Inspector. The decision emphasized that the appellant could not receive two penalties for the same misconduct, which violated principles of fair play and justice. The reversion was deemed not a simple reversion due to unsatisfactory work but was based on specific allegations of misconduct. Thus, the orders of reversion and forfeiture were analyzed in the context of existing laws, ensuring that proper procedures were followed. |
| Summary |
This case revolves around the appeal of Muhammad Ashraf, an Assistant Sub-Inspector (ASI) of Police who was reverted to his substantive rank due to alleged misconduct during an investigation. The Service Tribunal examined the circumstances surrounding his reversion and the subsequent penalties imposed. The Tribunal found that the reversion constituted a penalty and highlighted the necessity of adhering to procedural fairness as established by the Punjab police (Efficiency and Discipline) Rules. The decision ultimately underscored the importance of due process in disciplinary actions within police ranks, affirming that the appellant was entitled to be reinstated to his previous position while upholding the forfeiture of his approved service. This case serves as a significant reference point for similar future cases involving police conduct and disciplinary measures. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMID CHAUDHRY, MEMBER
|
| Lawyers |
Masud Ahmad Riaz,
A.G. Humayun
|
| Petitioners |
MUHAMMAD ASHRAF
|
| Respondents |
,
SUPERINTENDENT OF POLICE, FAISALABAD
|
| Citations |
1988 SLD 669,
1988 PLC 79
|
| Other Citations |
P L D 1983 S C 100
|
| Laws Involved |
Punjab police (Efficiency and Discipline) Rules,
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
6(3),
9,
4
|