INSPECTORGENERAL OF POLICE, PUNJAB LAHORE and 3 others vs YAR
This matter arises from a petition for leave to appeal filed by the Inspector-General of Police, Punjab, Lahore and others against the respondent constable Yar Muhammad, whose penalty of dismissal from service for unauthorized absence and criminal involvement was modified by the Punjab Service Tribunal to the stoppage of three increments without cumulative effect. The core legal question is whether the Service Tribunal was justified in reducing the penalty of dismissal despite sufficient material on record establishing unauthorized absence from duty for long spells and involvement in criminal cases. The Supreme Court granted leave to appeal to examine the sustainability and justification of the Tribunal's order in light of the available material on record. The key principle laid down is that leave to appeal may be granted to examine the propriety of a service tribunal's interference with departmental penalties where sufficient material exists to warrant severe disciplinary action such as dismissal.
- Whether the Punjab Service Tribunal is justified in reducing a penalty of dismissal to the stoppage of increments in cases of unauthorized absence from duty?
- Does long absence from duty without authorization justify the penalty of dismissal from service?
- Whether leave to appeal should be granted when departmental authorities have sufficient material to impose a penalty of dismissal?
ORDER
' SAJJAD ALI SHAH, J.---Respondent Constable Yar Muhammad is dismissed from service vide order dated 31-10-1988 of S.P. Headquarters, Rawalpindi. He did not meet with success in departmental appeal and revision and filed appeal before the Punjab Service Tribunal, which is disposed of with modification that penalty of dismissal is reduced to stoppage of three increments without accumulative effect. There is finding in the impugned order that there is no illegality or irregularity in the impugned orders passed by officers of the department.
2. It is submitted on behalf of the petitioners before us that there is sufficient material on the record to justify the penalty of dismissal as respondent remained absent from duty without authorisation for long spells of time and committed crimes and was named as accused in F.I.Rs, Leave is granted to examine whether order of the Tribunal is justified and sustainable in view of material available in the record against the respondent.