2000 PLP (C (PLC(CS))
MAZHAR ALI and others Versus SENIOR SUPERINTENDENT OF POLICE/DEPUTY
| Citation | 2000 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sh. Riaz Ahmed and Munir A. Sheikh, JJ |
| Parties | MAZHAR ALI and others Versus SENIOR SUPERINTENDENT OF POLICE/DEPUTY |
| Primary Law | Punjab Service Tribunals Act (IX of 1974) |
Q1: What are the key laws and sections cited in 2000 PLP (C (PLC(CS))?
This judgment primarily cites: Punjab Service Tribunals Act (IX of 1974) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sh. Riaz Ahmed and Munir A. Sheikh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP (C (PLC(CS)) (MAZHAR ALI and others Versus SENIOR SUPERINTENDENT OF POLICE/DEPUTY). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hafiz Tariq Nasim, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 4th January, 1999.
- Hafiz Tariq Nasim, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioners.
Headnotes / Summary
(On appeal against the judgment and order dated 7-9-1998 of the Punjab Service Tribunal, Lahore in Appeal No.3562 of 1997).
S. 4
Constitution of Pakistan (1973), Art.212(3)
Absence from duty
Allegation of mala .fides in respect of dismissal from service
Leave to appeal was granted to determine questions of law of public importance involved in the case: namely that neither separate charge with regard to absence of civil servants from duty was framed nor they were afforded opportunity to meet said charge in accordance with law that question of mala fides was apparent in case and that whether two investigations conducted against civil servants on basis of which challan was submitted against them, were bona fide or not and what was the effect of acquittal in such-like cases.
Judgment & Decree
‑‑‑‑S. 4‑‑‑Constitution of Pakistan (1973), Art.212(3)‑‑‑Dismissal from service‑‑‑Absence from duty‑‑‑Allegation of mala .fides in respect of dismissal from service‑‑‑Leave to appeal was granted to determine questions of law of public importance involved in the case: namely that neither separate charge with regard to absence of civil servants from duty was framed nor they were afforded opportunity to meet said charge in accordance with law that question of mala fides was apparent in case and that whether two investigations conducted against civil servants on basis of which challan was submitted against them, were bona fide or not and what was the effect of acquittal in such‑like cases. Hafiz Tariq Nasim, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioners. Nemo for Respondents. Date of hearing: 4th January, 1999. SH. RIAZ AHMED, J.‑‑‑This order shall dispose of the above two petitions preferred by Mazhar Ali and Akhtar Ali, both real brothers against the Senior Superintendent of Police and others. These petitions are directed against the judgment and order dated 7‑9‑1998 delivered by the Punjab Service Tribunal whereby the appeals preferred by both the petitioners against their dismissal from service were dismissed. 2 After hearing the learned counsel at some length and having gone through the judgment impugned, we are of the view that in this case the following questions of law of public importance arise for determination by this Court: (a) That no separate charge with regard to the 'absence from duty in respect of both the petitioners was framed nor were they afforded an opportunity to meet the said charge in accordance with law. (b) That the question of mala fides in this case is also apparent because the petitioners were in the first instance employed at the behest of P` their uncle Nazir Malik, who happened to be the I.‑G. Police at the relevant time. Subsequent thereto, the petitioners and their uncle quarrelled with each other in the village to which they belonged and a criminal case was registered against the petitioners, which resulted into acquittal of the petitioners. The crucial question is whether two investigations conducted against the petitioners on the basis of which challan was submitted against them were bona fide or not and what is the effect of the acquittal in such‑like cases. Accordingly leave to appeal is granted in both the petitions. H.B.T./M‑299/S Leave to appeal granted.