ALTAF HUSSAIN SHAH vs PUNJAB SERVICE TRIBUNAL, LAHORE and others
This petition for leave to appeal arose from the dismissal of a police constable from service by the Superintendent of Police, Rajanpur, following allegations of his involvement in operating a gambling den. The petitioner challenged his dismissal before the Punjab Service Tribunal, contending that he was condemned unheard, denied a regular inquiry, and deprived of a reasonable opportunity to defend himself. The Tribunal, after reviewing the record, rejected these contentions, finding that the disciplinary proceedings were conducted in accordance with the law. Upon review, the Supreme Court of Pakistan examined the record and affirmed that the procedure mandated by the Punjab Police Service (Efficiency and Disciplinary) Rules, 1975, had been strictly followed. The Court held that the petitioner was afforded full opportunities for a personal hearing and defense at both the initial and appellate stages. Consequently, the Court concluded that no substantial question of law of general public importance was raised. The petition was dismissed, reinforcing the principle that disciplinary actions are valid when the rules of natural justice and prescribed departmental procedures are duly observed.
- Does the dismissal of a police official based on a departmental inquiry satisfy the requirements of natural justice if the official was granted a personal hearing?
- Is a petition for leave to appeal maintainable if no substantial question of law of general public importance is raised?
- Punjab Police Service (Efficiency and Disciplinary) Rules, 1975
' RANA BHAGWANDAS, J.---Petitioner, formerly a Constable in the Police Department at Rajanpur was dismissed from service by Superintendent of Police, Rajanpur on the charge that he alongwith another person was running gambling den. An enquiry was ordered and, after examining witnesses and holding thorough probe into the charge, Enquiry Officer reported about direct involvement of the petitioner in running a gambling den. Petitioner was served with a show-cause notice and afforded an opportunity of personal hearing. After complying with all legal requirements, his services were dispensed with.
2. He preferred a service appeal before the Punjab Service Tribunal (hereinafter referred as the Tribunal) and agitated the grounds that he had been condemned unheard; that no regular inquiry was held and that he was not afforded a chance of being heard. All these contentions were duly considered by the Tribunal and repelled for valid reasons after consulting the record;
3. Learned counsel for the petitioner raised the same arguments, which were advanced before the Tribunal. We have perused the judgment and examined the record, which clearly tends to show that proper procedure under Punjab Police Service (Efficiency and Disciplinary) Rules, 1975 was observed and the rules of natural justice were strictly adhered. It is not correct to say that the petitioner was deprived of reasonable opportunity of hearing that no enquiry was held. He was not only heard by the appointing authority but also by the appellate forum. Indeed maximum possible opportunity of defence was provided to him.
In the circumstances, no substantial question of law of General public importance is made out.
Petition is, therefore, dismissed.