| Case ID |
e32be667-a5a7-4164-8f7f-37f659e5d2cd |
| Body |
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| Case Number |
Civil Petition No.3071 of 2003 |
| Decision Date |
Nov 14, 2005 |
| Hearing Date |
Nov 14, 2005 |
| Decision |
The Supreme Court of Pakistan examined the case concerning the dismissal of the petitioner from service due to charges of negligence as the Investigating Officer in a criminal case. The Court found that the dismissal was not justified, as the Magistrate discharged the accused not solely based on procedural defects in the investigation but due to a lack of incriminating evidence. The Court ruled that the omission of obtaining witness signatures on the recovery memo could be seen as a bona fide mistake rather than misconduct. Consequently, the Court set aside the decision of the Punjab Service Tribunal, reinstating the petitioner without back benefits, treating the intervening period as leave without pay. |
| Summary |
This case revolves around the disciplinary proceedings against a civil servant working as an Investigating Officer in a criminal case. The petitioner faced charges of misconduct due to the omission of obtaining witness signatures on the recovery memo of a stolen vehicle. The Supreme Court of Pakistan reviewed the circumstances under which the accused was discharged by the Magistrate, emphasizing that the discharge was based on insufficient evidence rather than procedural flaws. The Court underscored that while defects in investigation might not suffice for discharging an accused, the lack of evidence was a strong ground. The ruling highlighted the importance of fair disciplinary actions and the need for clear evidence of intentional misconduct to uphold penalties like dismissal. This case is significant in understanding the nuances of police investigation procedures and the legal protections afforded to civil servants under disciplinary regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Punjab Police,
Magistrate
|
| Judges |
MUHAMMAD NAWAZ ABBASI,
NASIR-UL-MULK
|
| Lawyers |
Roy Muhammad Nawaz Khan Kharal,
Syed Sajjad Hussain Shah
|
| Petitioners |
|
| Respondents |
2 others,
INSPECTOR-GENERAL OF POLICE, PUNJAB
|
| Citations |
2006 SLD 2548,
2006 SCMR 827
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Police (Efficiency and Discipline) Rules, 1975
|
| Sections |
Rr. 3,
Rr. 4(1)(b)(v)
|