| Case ID |
9b2d062b-96bb-4127-9c96-4fbbf03e58b0 |
| Body |
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| Case Number |
Civil Petition No.385 of 1988 |
| Decision Date |
Jan 29, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition filed by Muhammad Rafiq challenging the dismissal from service by the Punjab Police. The Court upheld the findings of the Service Tribunal, which stated that the acquittal of the petitioner by the High Court was not a valid ground for reinstatement, as it was based on a benefit of doubt rather than a clear exoneration. The misconduct, including the preparation of a forged daily diary report to cover his absence, was sufficiently proven. The Court emphasized that maintaining discipline within the police force is paramount, and the petitioner's actions were incompatible with the obligations of a police officer, leading to the dismissal of the petition. |
| Summary |
This case revolves around the dismissal of Muhammad Rafiq, an ex-Constable of the Punjab Police, for misconduct related to his failure to report to duty and the creation of a forged document. The Supreme Court of Pakistan reviewed the circumstances surrounding his dismissal after he was acquitted of criminal charges by the High Court. The Court found that the Service Tribunal's decision to uphold the dismissal was justified, as the petitioner had failed to demonstrate that he had reported for duty as required. The ruling underscores the importance of discipline in law enforcement agencies and the consequences of misconduct. The key issues included the validity of the acquittal and the implications of the petitioner's actions on his employment status. The case highlights the stringent standards expected from police officials and the legal processes involved in employment disputes within the police force. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Punjab Police
|
| Judges |
NASIM HASSAN SHAH,
SAAD SAOOD JAN
|
| Lawyers |
M. Dilawar Mahmood,
Rana Maqbool A. Oadri,
Faiz Muhammad Bhatti,
Rao M. Yousaf Khan
|
| Petitioners |
MUHAMMAD RAFIQ
|
| Respondents |
another,
PROVINCE OF THE PUNJAB
|
| Citations |
1990 SLD 959,
1990 SCMR 1143
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Police (Efficiency and Discipline) Rules, 1975
|
| Sections |
R.4
|