Pakistan Case Law← Search
2006 PLC (C.S.) 487

HAIDER SHAH vs INSPECTOR GENERAL OF POLICE, KARACHI and 2 others

Citation2006 PLC (C.S.) 487
CourtFederal Service Tribunal
Case No.Appeal No, 157 of 2001
Date2005-03-07
Judge(s)Abdul Ghani Sheikh, Ashique Hussain Memon, Nur Ahmad Shah
ResultOrder accordingly

' ABDUL GHANI SHAIKH (CHAIRMAN).---Heard learned counsel for the parties and perused the record.

2. Appellant was proceeded with departmentally on the report of S.D.P.O. Saddar Sub-Division that on 26-4-2000 at about 2230 hours appellant and his companion PC-Muhammad Akram during performance of their duties picked two ladies from Taxi and took them to one shop, where they snatched Rs,500 from the purse of one of the lady and demanded more money and that appellant took another lady to a vacant Bunglow and committed rape with her forcibly. Appellant was served with a show-cause notice followed by a final show-cause notice, which the appellant replied and denied the allegation. His reply was not found satisfactory and by order dated 15-7-2000 he was dismissed from service. After availing departmental remedies, appellant filed this appeal.

3. The allegation was very serious which the appellant denied vehemently but instead of regular inquiry which in view of seriousness of allegation was very much necessary, a short-cut method of show-cause followed by a final show cause was adopted. The penalty of dismissal thus not sustainable. Appellant's learned counsel suggests that he would be satisfied if the matter is remanded for regular inquiry of which learned Asstt. A.G. Raised on objection.

4. Accordingly, by consent the impugned orders are set aside and the matter is remanded to No,3 for conducting regular inquiry in accordance with law after issuing show-cause notice. Meanwhile, the appellant is directed to be reinstated in service for the purpose of facing inquiry, which should be concluded within three months from the date of receipt of copy of this judgment. The intervening period would follow the outcome of disciplinary proceedings. Nor order as to costs.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search