| Case ID |
67cd5f6b-ccf9-4a47-bbc3-c437154939e7 |
| Body |
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| Case Number |
Civil Petition No.246-L of 1999 |
| Decision Date |
Nov 01, 2000 |
| Hearing Date |
Nov 01, 2000 |
| Decision |
The Supreme Court of Pakistan allowed the appeal and set aside the judgment dated 20-10-1998 of the Punjab Service Tribunal, which had accepted the appeal of the respondent, Muhammad Tariq, and reinstated him after he was dismissed from service for serious misconduct. The Court emphasized that acquittal in criminal cases does not absolve a civil servant from departmental proceedings. The nature of criminal and departmental proceedings is different, and each can proceed independently. The Court found that the respondent was involved in serious misconduct, including allegations of Zina-bil-Jabr, and had a history of misconduct that justified his dismissal. The Tribunal's decision was deemed erroneous as it did not properly consider the evidence and the nature of the charges against the respondent. |
| Summary |
In the case of Civil Petition No.246-L of 1999, the Supreme Court of Pakistan addressed the complexities surrounding the disciplinary actions against civil servants, particularly in light of criminal acquittals. The case involved the respondent, Muhammad Tariq, who was dismissed from the police force following allegations of serious misconduct, including Zina-bil-Jabr. Despite being acquitted in criminal proceedings, the Supreme Court ruled that this acquittal did not prevent the police department from taking disciplinary action based on the evidence of misconduct. The Court highlighted the importance of maintaining discipline within the police force, emphasizing that officers must uphold the law and public trust. The decision reaffirmed that departmental proceedings can continue independently of criminal trials, a crucial distinction for maintaining accountability in public service. This case serves as a significant precedent for future disciplinary actions involving civil servants accused of serious offenses, illustrating the balance between legal rights and professional standards within law enforcement. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUR REHMAN KHAN,
ABDUL HAMEED DOGAR,
TANVIR AHMAD KHAN
|
| Lawyers |
Shawar Khilji, Advocate Supreme Court,
Rao Muhammad Yousaf Khan, Advocate-on-Record,
Hafiz Tariq Nasim, Advocate Supreme Court,
Muhammad Aslam Ch., Advocate-on-Record
|
| Petitioners |
INSPECTORGENERAL OF POLICE, PUNJAB, LAHORE and others
|
| Respondents |
MUHAMMAD TARIQ
|
| Citations |
2001 SLD 1929,
2001 PLC 725
|
| Other Citations |
PLD 1985 SC 134,
1996 SCMR 315,
PLD 1987 SC 195
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973
|
| Sections |
R.4
|