| Case ID |
d77132d3-8ef0-4d42-8b7e-0d1e9fe1d182 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 352-K of 20 |
| Decision Date |
Jun 27, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan declined to interfere with the judgment passed by the Sindh Service Tribunal which reinstated the respondent, Shafqat Mehmood, after finding that there was no material available to take action against him post-acquittal in a criminal case. The Tribunal's decision was based on valid reasons and aligned with established legal principles regarding the necessity of conducting a proper inquiry and providing an opportunity for defense to the civil servant. The Supreme Court highlighted that the authorities failed to conduct a regular inquiry as required by law, and thus the dismissal of the respondent was not justified. The court ultimately dismissed the petition for leave to appeal, reaffirming the Tribunal's ruling. |
| Summary |
This case revolves around the legal principles of natural justice and the procedural requirements for dismissing a civil servant. Shafqat Mehmood was dismissed from his position as a police officer based on allegations stemming from a criminal case, despite being acquitted by the trial court. The Supreme Court of Pakistan emphasized that any disciplinary action must be supported by a proper inquiry, where the accused must be given a chance to defend themselves. The ruling reinforces the importance of due process and fair treatment in administrative actions against public servants. Keywords: natural justice, civil servant dismissal, proper inquiry, due process, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SYED DEEDAR HUSSAIN SHAH,
HAMID ALI MINA
|
| Lawyers |
Suleman Habibullah, Additional Advocate-General Sindh,
Akhlaq Ahmed Siddiqui, Advocate-on-Record
|
| Petitioners |
2 others,
INSPECTOR GENERAL OF POLICE, POLICE HEADQUARTERS OFFICE, KARACHI
|
| Respondents |
SHAFQAT MEHMOOD
|
| Citations |
2003 SLD 834,
2003 SCMR 207
|
| Other Citations |
Rashid Mehmood v. Additional Inspector-General of Police and 2 others 2002 SCMR 57
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
212(3)
|