Legal Case Summary

Case Details
Case ID f8aaa845-ea51-4ff9-ba58-26f2c483d6e8
Body View case body.
Case Number Appeals Nos.255 and 257(K)(C.S) of 2002
Decision Date Jan 03, 2005
Hearing Date Dec 11, 2004
Decision The Federal Service Tribunal modified the punishment of dismissal for the appellants, who were constables in the Pakistan Railways Police, due to their unauthorized absence from duty. While the absences were confirmed, the Tribunal recognized the harshness of the dismissal and converted it to a withholding of increments for three years, reinstating the appellants with back benefits for the period they were not employed. The Tribunal emphasized the necessity for proper communication regarding absences in sensitive duties, confirming the charges of negligence but acknowledging procedural discrepancies in the inquiry.
Summary This case involves two constables of the Pakistan Railways Police, MUHAMMAD SHAHZAD ALI KHAN and MUHAMMAD ACHAR, who were dismissed for being absent without notice during a critical duty on January 31, 2002. The absences coincided with a dacoity incident on a train they were supposed to escort. The inquiry found them guilty, but the Tribunal later modified the punishment from dismissal to withholding of increments for three years, highlighting issues in the inquiry process and the need for fair treatment in disciplinary actions. The case discusses the balance between duty obligations and reasonable justifications for absence, underscoring the importance of communication in law enforcement roles.
Court Federal Service Tribunal
Entities Involved Not available
Judges QAZI MUHAMMAD HUSSAIN SIDDIQUI, RASHID ALI MIRZA
Lawyers Sanaullah Noor Ghouri, Muhammad Asghar
Petitioners MUHAMMAD SHAHZAD ALI KHAN, MUHAMMAD ACHAR
Respondents DEPUTY INSPECTOR-GENERAL, PAKISTAN RAILWAYS POLICE
Citations 2006 SLD 1763, 2006 PLC 826
Other Citations 1993 PLC (C.S.) 643, 1985 PLC (C.S.) 478, 1997 SCMR 1073, 1999 PLC (C.S.) 409, 1999 SCMR 819, 1983 PLC (C.S.) 17, PLD 1994 SC 275, 1994 PLC (C.S.) 612, 1993 SCMR 1440, 1997 PLC (C.S.) 348, 1988 SCMR 1756, 1987 PLC (C.S.) 528, 1983 SCMR 229, 1992 PLC (C.S) 490, 1993 PLC (C.S.) 698, 2001 MLD 690, 1998 SCMR 2268, 2000 PLC (C.S.) 857
Laws Involved Pakistan Railways Police (Efficiency and Discipline) Rules 1996, Service Tribunals Act (LXX of 1973)
Sections 2(iii), 7(2)(3), 4