1989SCMR650 (PLP)
SADIQ HUSSAIN — Petitioner Versus SENIOR SUPERINTENDENT OF POLICE, RAWALPINDI and another — Respondents
| Citation | 1989SCMR650 (PLP) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah, Saad Saood Jan and Ali Hussain Qazilbash, JJ |
| Parties | SADIQ HUSSAIN — Petitioner Versus SENIOR SUPERINTENDENT OF POLICE, RAWALPINDI and another — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1989SCMR650 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR650 (PLP)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah, Saad Saood Jan and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR650 (PLP) (SADIQ HUSSAIN — Petitioner Versus SENIOR SUPERINTENDENT OF POLICE, RAWALPINDI and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sadiq Muhammad Waraich, Advocate Supreme Court and Manzoor Elahi, Advocate-on-Record for Petitioner.
- Date of hearing: 29th November, 1988.
- Sadiq Muhammad Waraich, Advocate Supreme Court and Manzoor Elahi, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(From the judgment of the Punjab Service Tribunal passed on 3-4-88 in Appeal No.1004/289 of 1986).
Art. 212(3)--Reduction in rank--Penalty imposed on petitioner for failing to perform his duty as Police Officer--Petitioner was reduced in rank after departmental enquiry--Petitioner's departmental appeal and his appeal before Service Tribunal against reduction in rank remained unsuccessful--Petitioner was given sufficient opportunity to clear his position but he failed to do so Proceedings taken by Authority before imposing penalty of reduction in rank did not suffer from any infirmity--Leave to appeal was refused as no question of law of public importance was involved in the case.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑The petitioner was an officiating Sub‑Inspector of Police. On 9‑1‑1985, one Nazir Ahmad died of un‑natural cause. This incident was reported to the petitioner by the son of the deceased. The petitioner visited the spot but took no further action either by holding an inquest or arranging for the post‑mortem examination of the deceased. Subsequently, in respect of the death of the deceased a case under section 302, Pakistan Penal Code was registered. A preliminary inquiry into the incident was held by the Sub‑Divisional Police Officer, Murree. The said officer took the view that the petitioner had failed to perform his duty. The petitioner was reduced to his substantive rank of head constable and served with a show‑cause notice why he should not be punished for gross misconduct, inefficiency, negligence of duty and burking. He was heard by the Superintendent of Police who by way of penalty reduced him in rank to foot constable. The petitioner filed a departmental appeal but it was rejected by the Deputy Inspector‑General of Police. He then preferred an appeal before the Service Tribunal but without any success. He now seeks leave to appeal from this Court.
2. We have heard the learned counsel for the petitioner and do not find that any question of law of public importance for our consideration arises in this case. The petitioner was given sufficient opportunity by the Superintendent of A Police to clear his position but he was unable to do so. The proceedings taken by the department before imposing the penalty of reduction in rank do not suffer from any legal infirmity. The petition is dismissed. AA./S‑235/S Petition dismissed.