MUHAMMAD SHAFI ABBASSI vs THE INSPECTORGENERAL OF POLICE, LAHORE
This matter arises from a petition for leave to appeal filed by a former Inspector in the Punjab Police against the dismissal of his service appeal by the Punjab Service Tribunal. The petitioner was transferred to the Special Branch, an order he sought to evade by requesting multiple leaves. Upon the rejection of his leave requests and his failure to resume duty or appear before the Deputy Inspector-General of Police in response to a show-cause notice, he was dismissed from service for gross indiscipline. The appellate authority altered the punishment to compulsory retirement, which the Punjab Service Tribunal upheld. The core legal question concerned whether the petitioner's transfer order and subsequent disciplinary action for non-compliance and absenteeism were legally sustainable. The Supreme Court held that the petition lacked merit as there was no satisfactory explanation for the petitioner's failure to obey the transfer order or present himself before the competent authority. Consequently, the Court dismissed the petition, affirming the validity of the disciplinary proceedings and the resultant penalty.
- Whether a public servant can be disciplined for failing to comply with a lawful transfer order?
- Does unauthorized absence from duty constitute gross indiscipline warranting dismissal or compulsory retirement?
- Can the Supreme Court interfere with the factual findings of a Service Tribunal regarding disciplinary matters without a satisfactory explanation from the petitioner?
ORDER
' SAAD SAOOD JAN, J.-- The petitioner was an Inspector in the Punjab Police and was serving in the Lahore Range. By an order, dated 20-10-81 he was transferred to the Special Branch. In order to avoid compliance with the said order he first asked for 7 days casual leave which was granted. He then started asking for further leave but his requests in this regard were rejected. As he failed to resume duty, he was served with a show-cause notice and directed to appear before the Deputy Inspector-General of Police. He did not care to present himself before the said officer whereupon the latter on account of the gross indiscipline shown by him, dismissed him from service. He filed an appeal before the Additional Inspector-General of Police which was partly allowed inasmuch as the order of dismissal was altered to one of compulsory retirement. He then approached the Punjab Service Tribunal but his appeal was dismissed. He now seeks leave to appeal from this Court.
2. After hearing the learned counsel for the petitioner, we find no merit in this petition. There is no satisfactory explanation why the petitioner did not obey the order of transfer or appear before the Deputy Inspector-General of Police. We would therefore dismiss this petition. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.