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1991 SCMR 1802

SUPERINTENDENT OF POLICE, GUJRAT And Another vs MUHAMMAD HUSSAIN

Citation1991 SCMR 1802
CourtSupreme Court of Pakistan
Case No.Civil Petition No.881 of 1985 Appeal No.965/1189
Date1989-05-22
Judge(s)Ghulam Mujaddid Mirza, Saad Saood Jan
ResultPetition dismissed

ORDER

1. GHULAM MUJADDID, J: --The Superintendent of Police, Gujrat, and the Deputy Inspector-General of Police, Gujranwala, have filed this petition for leave to appeal against the judgment of the Punjab Service Tribunal dated 12-6-1985. The Tribunal by means of the impugned judgment accepted the appeal of the respondent and ordered his reinstatement as officiating Sub-Inspector with effect from the date when he was reverted. The question of back benefits was left to be determined by the competent authority.

2. On 3-8-1951 the ,respondent joined the force as Foot Constable. He was promoted as Head Constable in 1962 and as A.S.I. In 1972. He was appointed as officiating Sub-Inspector in 1979 and was posted as S.H.O. Kathiala Sheikhan.

3. Action was taken against the respondent on the ground that he registered a false First Information Report of a cognizable offence which resulted in harassment to the accused.

4. Learned counsel for the petitioner reiterated the same contentions which were raised before the Tribunal and were repelled. The F.I.R. Was registered by A.S.I. Bootey Khan. Investigation was conducted by A.S.I. Nazir Ahmad. The challan was submitted by the respondent for approval to the A.S.P. It reached the Prosecuting Inspector who forwarded the same to the Court concerned. The challan was still pending in the Court when the Tribunal decided the appeal. It is, therefore, obvious that there is no substance in the allegations levelled against the respondent.

5. The judgment of the Tribunal both on legal and factual aspects is not open to any exception.

6. Dismissed.

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