| Case ID |
e971c6bc-66ec-4d58-acae-bb27ac6af92b |
| Body |
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| Case Number |
Appeal No. 1030 of 2001 |
| Decision Date |
Feb 21, 2002 |
| Hearing Date |
Dec 13, 2001 |
| Decision |
The appeal was accepted, and the punishment of reduction in rank from Assistant Sub-Inspector of Police to Head Constable was set aside. The authority acted improperly by not conducting a regular inquiry and not allowing the appellant to cross-examine witnesses or present a defense. The appellant was reinstated as Assistant Sub-Inspector, and the orders dated 13-11-1999, 29-7-2000, and 9-4-2001 were annulled. |
| Summary |
In the case of Manzoor Ahmad vs. Senior Superintendent of Police, the Service Tribunal of Punjab addressed serious violations of due process under the Punjab Police (Efficiency and Discipline) Rules, 1975. The appellant, Manzoor Ahmad, was unjustly demoted from the rank of Assistant Sub-Inspector to Head Constable without a proper inquiry. The tribunal found that the authority acted as the complainant, prosecutor, and judge, which violated the principles of natural justice. The decision highlighted the importance of fair procedures in disciplinary actions against civil servants. The ruling emphasized the need for transparency and the right to a fair hearing, ultimately reinstating the appellant to his original position. This case underscores the critical need for adherence to procedural fairness within law enforcement agencies, ensuring that all personnel are treated justly and equitably. The tribunal's judgment serves as a precedent in upholding the rights of civil servants against arbitrary actions by authorities. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD SARWAR
|
| Lawyers |
Mahmood Ahmed Qazi
|
| Petitioners |
MANZOOR AHMAD
|
| Respondents |
2 others,
SENIOR SUPERINTENDENT OF POLICE
|
| Citations |
2002 SLD 1892,
2002 PLC 1078
|
| Other Citations |
1989 SCMR 551
|
| Laws Involved |
Punjab Police (Efficiency and Discipline) Rules, 1975
|
| Sections |
6,
7
|