2007 PLP (C (PLC(CS))
SAFDAR ALI Versus D.I.-G. TRAFFIC, LAHORE and others
| Citation | 2007 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ |
| Parties | SAFDAR ALI Versus D.I.-G. TRAFFIC, LAHORE and others |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2007 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP (C (PLC(CS)) (SAFDAR ALI Versus D.I.-G. TRAFFIC, LAHORE and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdur Rehman Madni, Advocate Supreme Court and Faizur Rehman, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 24th October, 2005.
Headnotes / Summary
(On appeal from judgment, dated 15-3-2001 of the Punjab Service Tribunal, Lahore, in Appeal No.1550 of 1999).
Art. 212(3)
Petitioner while posted as A.S.I. Traffic, was proceeded against for accepting illegal gratification for releasing a wagon
Bogus printed challan book was also recovered from possession of petitioner by the Superintendent of Police
Departmental Authorities as well as the Service Tribunal; had recorded concurrent findings of fact that petitioner was guilty of the charges against him
Petition for leave to appeal did not involve any substantial question of law of public importance within the meaning of Art.212(3) of the Constitution, impugned judgment, not suffering from any legal infirmity, petition was dismissed.
Judgment & Decree
FAQIR MUHAMMAD KHOKHAR, J.-- The petitioner seeks leave to appeal from judgment dated 15-3-2001, passed by the Federal Service Tribunal, Lahore (hereinafter referred to as the Tribunal), in Appeal No.1550(L) of 1999.
2. The petitioner while posted as A.S.-I., Traffic Police, Lahore, was issued a show-cause notice dated 8-9-1998 which was replied to by him. He was dismissed from service by order dated 9-9-1998, passed by the Superintendent of Police, Traffic, Lahore. The appeal of the petitioner thereagainst was also dismissed by the D.I.-G. Traffic, by order dated 15-6-1999. Therefore he preferred regular Service Appeal No.1550 of 1999 before the Tribunal which was also dismissed by the impugned judgment dated 15-3-2001. Hence, this petition for leave to appeal.
3. The learned counsel for the petitioner vehemently argued that no regular inquiry was conducted and the petitioner was summarily dismissed from service on a private complaint the authenticity of which was not determined in regular proceedings. It was further submitted that no reasonable opportunity of hearing was granted to the petitioner before imposition of extreme penalty of dismissal from service. It was lastly submitted that in any case the petitioner had put in more than 22 years of service, therefore, he could be awarded major penalty of compulsory retirement from service.
4. We have heard the learned counsel for the petitioner at some length and have also gone through the relevant record. We find that the petitioner was proceeded against for accepting illegal gratification for releasing a wagon. A bogus printed Challan book was also recovered from his possession by the Superintendent of Police. The departmental authorities as well as the Tribunal have recorded concurrent findings of fact that the petitioner was guilty of the charges against him. This petition does not involve any substantial question of law of public importance within the meaning of Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973. The impugned judgment does not suffer from any legal infirmity. Ordinarily, we are expected to substitute one penalty for another without there being any exceptional circumstances.
5. For the foregoing reasons, we do not find any merit in this petition, which is dismissed and leave to appeal is refused accordingly. H.B.T./S-14/SC Leave refused.