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2001 SCMR 83

ALI AKBAR vs INSPECTORGENERAL OF POLICE, LAHORE and others

Citation2001 SCMR 83
CourtSupreme Court of Pakistan
Case No.Civil Petition No,68 of 1999
Date1999-05-06
Judge(s)Muhammad Arif, Mamoon Kazi, Ajmal Mian
ResultPetition dismissed

ORDER

' MAMOON KAZI, J.---The petitioner was serving in the Police Department. When he was posted in C.I.A., he was charged with misconduct as it was stated that on 13-6-1995, he alongwith Head Constable Muhammad Ilyas had intercepted two army personnel alongwith a young boy, Irfan, when they were riding on a motorcycle. It was alleged that the petitioner first took them to the police station and charged them with sodomy and subsequently he released them when they promised to pay him Rs,2,000 as illegal gratification. When the matter was reported to M.P. Unit, the petitioner was caught red-handed while accepting a brible of Rs,950. He was then handed over to the City Police Station for registration of case.

2. After a show-cause notice, domestic inquiry was conducted against the petitioner where he was found guilty of the said charges. Consequently, he was dismissed from service with immediate effective vide order, dated 6-11-1995.

3. Feeling aggrieved by the said dismissal, the petitioner filed his appeal before the Service Tribunal, but his appeal was dismissed as the Tribunal did not find any fault with the domestic inquiry held against the petitioner.

4. Mr. Hafiz S.A. Rehman has argued that no regular inquiry was held in the case against the petitioner and the petitioner was dismissed on fabricated charges.

5. We, however, find no substance in the said contentions. Inquiry was conducted against the petitioner by the Superintendent of Police, C.I.A., and evidently it was a fair and impartial inquiry.

Independent witnesses appear to have been examined by him who supported the said allegations.

The petitioner also appears to have been given ample opportunity to explain the circumstances against him. Therefore, nothing can be spelt out from the record of the case to suggest' that the petitioner had been proceeded against on fabricated charges or he had been victimized in any manner. The guilt of the petitioner appears to have been fully established at the inquiry and we are inclined to agree with the observations made by the Tribunal that the petitioner was unfit for police service under the circumstances of the case.

6. In the result, there appears to be no force in this petition. The petition is, therefore, dismissed and leave is refused.

Cited by 4 cases

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