SAFDAR ALI vs D,I.-G. TRAFFIC, LAHORE and others
The petitioner, an Assistant Sub-Inspector of Traffic Police, sought leave to appeal against the judgment of the Federal Service Tribunal, which upheld his dismissal from service. The petitioner was dismissed following allegations of accepting illegal gratification and possession of a bogus printed challan book, after being issued a show-cause notice. The core legal question was whether the concurrent findings of the departmental authorities and the Tribunal regarding the guilt of the petitioner warranted interference under constitutional jurisdiction, and whether summary dismissal without a regular inquiry vitiated the proceedings. The Supreme Court of Pakistan held that the concurrent findings of fact regarding the misconduct were well-founded and that the petition did not raise any substantial question of law of public importance under Article 212(3) of the Constitution. The Court laid down the principle that the Supreme Court ordinarily will not interfere with concurrent factual findings of service tribunals or substitute penalties in the absence of exceptional circumstances or a substantial question of law.
- Whether the Supreme Court can interfere with concurrent findings of fact recorded by departmental authorities and the Service Tribunal?
- Does a petition against the dismissal of a service appeal necessarily involve a substantial question of law of public importance under Article 212(3) of the Constitution of Islamic Republic of Pakistan 1973?
- Whether the penalty of dismissal from service for accepting illegal gratification warrants substitution by the Supreme Court in the absence of exceptional circumstances?
- Article 212(3), Constitution of Islamic Republic of Pakistan 1973
' 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 there against 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.