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2008 SCMR 1513

Syed FIDA HUSSAIN KAZMI vs INSPECTOR-GENERAL OF POLICE, PUNJAB and

Citation2008 SCMR 1513
CourtSupreme Court of Pakistan
Case No.Civil Petition No,3583/L of 2002
Date2005-11-29
Judge(s)Faqir Muhammad Khokhar, Karamat Nazir Bhandari
ResultOrder accordingly

ORDER

' The learned counsel for the petitioner on the last date of hearing, frankly stated that he did not press the petition on merits and sought indulgence of this Court for conversion of the extreme penalty of dismissal into compulsory retirement from service. It was also brought to our notice that in the meantime the petitioner had completely lost his eye-sight and had children of marriageable age.

2. Even today the learned counsel for the petitioner has repeated the same request. The learned Assistant Advocate-General, Punjab as well as the Inspector (Legal), Sahiwal have also been heard. We have carefully gone through the orders passed by the departmental authority as well as by the Tribunal. In our view, the extreme penalty of dismissal of the petitioner from service did not commensurate with the nature of his misconduct in the peculiar facts and circumstances of the case.

3. Therefore, this petition is converted into appeal and the same is partly allowed. Consequently, the impugned judgment, dated 15-8-2002 passed by the Punjab Service Tribunal in Appeal No,641 of 2001 as well as the order, dated 12-10-2000 passed by the Deputy Inspector-General of Police, Multan Range, are modified to the extent that the penalty of dismissal of the petitioner from service is converted into compulsory retirement from service. However, there shall be no order as to costs.

Cited by 2 cases

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