2006 PLP (C (PLC(CS))
HAIDER SHAH Versus INSPECTOR GENERAL OF POLICE, KARACHI and 2 others
| Citation | 2006 PLP (C (PLC(CS)) |
| Forum / Court | Federal Service Tribunal |
| Bench Members | Abdul Ghani Shaikh (Retd.) Chairman, Nur Ahmad Shah, Member-I and Ashique Hussain Memon, Member-II, |
| Parties | HAIDER SHAH Versus INSPECTOR GENERAL OF POLICE, KARACHI and 2 others |
| Primary Law | Sindh Civil Servants (Efficiency and Discipline) Rules, 1973 |
Q1: What are the key laws and sections cited in 2006 PLP (C (PLC(CS))?
This judgment primarily cites: Sindh Civil Servants (Efficiency and Discipline) Rules, 1973 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP (C (PLC(CS))?
The case was heard and decided by the Federal Service Tribunal bench comprising: Abdul Ghani Shaikh (Retd.) Chairman, Nur Ahmad Shah, Member-I and Ashique Hussain Memon, Member-II,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP (C (PLC(CS)) (HAIDER SHAH Versus INSPECTOR GENERAL OF POLICE, KARACHI and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Irfan Mir Halepoto for Appellant.
- Mrs. Tabasum Ghazanfar Asstt. A.G. for Respondents.
Headnotes / Summary
Rr. 4(1)(b)(iv), 5 & 6
Sindh Service Tribunals Act (XV of 1973), S. 4
Appellant was proceeded departmentally on allegation that he and his companion snatched purse of one lady containing Rs.500 and demanded more money from her and that he also committed rape with her forcibly
Appellant was dismissed by serving him with show-cause notice followed by final show-cause notice
Appellant was dismissed from service without holding regular inquiry
In view of seriousness of allegations against appellant, regular inquiry was very much necessary but a short-cut method of show-cause notice followed by a final show-cause notice was adopted
Penalty of dismissal imposed on appellant was not maintainable
With the consent of parties, impugned orders were set aside and matter was remanded for conducting regular inquiry in accordance with law after issuing show-cause notice
Appellant was reinstated in service for the purpose of facing inquiry which was to be conducted within specified period.
Judgment & Decree
ABDUL GHANI SHAIKH (CHAIRMAN).
Heard learned counsel for the parties and perused the record.
2. Appellant was proceeded with departmentally on the report of S.D.P.O. Saddar Sub-Division that on 26-4-2000 at about 2230 hours appellant and his companion PC-Muhammad Akram during performance of their duties picked two ladies from Taxi and took them to one shop, where they snatched Rs.500 from the purse of one of the lady and demanded more money and that appellant took another lady to a vacant Bunglow and committed rape with her forcibly. Appellant was served with a show-cause notice followed by a final show-cause notice, which the appellant replied and denied the allegation. His reply was not found satisfactory and by order dated 15-7-2000 he was dismissed from service. After availing departmental remedies, appellant filed this appeal.
3. The allegation was very serious which the appellant denied vehemently but instead of regular inquiry which in view of seriousness of allegation was very much necessary, a short-cut method of show-cause followed by a final show cause was adopted. The penalty of dismissal thus not sustainable. Appellant's learned counsel suggests that he would be satisfied if the matter is remanded for regular inquiry of which learned Asstt. A.G. raised on objection.
4. Accordingly, by consent the impugned orders are set aside and the matter is remanded to No.3 for conducting regular inquiry in accordance with law after issuing show-cause notice. Meanwhile, the appellant is directed to be reinstated in service for the purpose of facing inquiry, which should be concluded within three months from the date of receipt of copy of this judgment. The intervening period would follow the outcome of disciplinary proceedings. Nor order as to costs. H.B.T./273/FST Order accordingly