Legal Case Summary

Case Details
Case ID d77132d3-8ef0-4d42-8b7e-0d1e9fe1d182
Body View case body.
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)