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1989 SCMR 1226

SUPERINTENDENT OF POLICE, FAISALABAD and others vs AZMAT ALI

Citation1989 SCMR 1226
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1054 of 1981
Date1988-07-13
Judge(s)Ghulam Mujaddid Mirza, Saad Saood Jan
ResultPetition dismissed

ORDER

1. ' GHULAM MUJADDID, J.--Superintendent of Police, Faisalabad; Deputy Inspector-General of Police, Sargodha Range, Sardogha and Inspector-General of Police. Punjab, have filed this petition for leave to appeal against the judgment of the Service Tribunal dated 14-9-1981.

2. ' The Tribunal by means of the impugned judgment directed that the respondent be reinstated but as his conduct was not entirely unblemished he shall not be eligible for any financial benefits for the period he remained out of service.

3. Learned counsel appearing for the petitioners argued that the respondent was found guilty of misconduct, hence the judgment of the Tribunal is not in accordance with law.

4. ' This contention has no force because of the following observation in the impugned judgment which the learned counsel was unable to meet:- '...We have also taken note of the order of the Superintendent of Police which is based on the order of conviction passed by the Summary Military Court. When the order of conviction had not been countersigned by the D.M.LA. It amounted to setting aside the said order."

5. ' We are, therefore, of the view that the petition has no merits. It is dismissed accordingly.

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