Aamir Siddique vs Additional Inspector General of Police PHP, Lahore and another
This petition for leave to appeal challenges the dismissal of a police officer from service due to unauthorized absence from duty. The core legal question concerns whether the departmental proceedings and subsequent dismissal were justified, particularly regarding the calculation of the period of absence and the inclusion of prior disciplinary records. The Supreme Court examined the inquiry report and noted that the petitioner had deliberately avoided disciplinary proceedings and failed to offer a defense for his absence. Furthermore, the Court observed that the petitioner had a history of 23 previous entries for similar misconduct. The Supreme Court held that as a member of a disciplined force, the petitioner's actions constituted a clear defiance of the code of conduct governing police officers. Consequently, the Court found no grounds to interfere with the impugned judgment, determining that the disciplinary action was warranted given the petitioner's conduct and service record. The petition was dismissed and leave to appeal was refused, affirming the disciplinary authority's decision to terminate the petitioner's employment for persistent unauthorized absence.
- Is a police officer's dismissal from service justified when they deliberately avoid disciplinary proceedings for unauthorized absence?
- Does a history of previous bad entries for similar misconduct justify a harsher penalty in departmental proceedings?
- Can a member of a disciplined force challenge a dismissal order based on the calculation of the period of absence when they failed to offer a defense during the inquiry?
ORDER
UMAR ATA BANDIAL, J.---Our order dated 11.02.2020 is self-explanatory in reproducing the plea taken by the petitioner in person. For facility of reference it is reproduced below:- "Ex-parte inquiry was conducted against the petitioner. His absence from duty on account of which departmental proceedings were initiated is for 11 days; but certain previous absences were taken into account to charge him with non-attendance for a period of 27 days. Ultimately, he was dismissed from service for an absence period of 4 months and 21 days. The record is silent on how the calculation of his total absence from duty was made and why a period prior to the allegations in the charge sheet has been included. Issue notice."
2. The learned Additional Advocate General submits that the period of absence of 04 months and 21 days includes the period of inquiry until the date of the dismissal order dated 29.12.2015, during which the petitioner remained absent from duty. However, he reiterates that in essence the case against the petitioner is absence for a period of 27 days disclosed in the charge sheet dated 27.08.2015. We have examined the inquiry report that has been placed on the record. It appears that the petitioner deliberately avoided the disciplinary proceedings and, that he had offered no defence for his period of absence. There are 23 previous bad entries on his record for similar misconduct. In the circumstances, as a member of the disciplined force the petitioner clearly acted in defiance of the code of conduct governing police officers. Therefore, we are not inclined to interfere with the impugned judgment. This petition is, therefore, dismissed. Leave refused.