MUHAMMAD ASLAM vs INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE and others
This matter comes before the Supreme Court of Pakistan through a petition for leave to appeal directed against the judgment of the Punjab Service Tribunal, Lahore, dated 22nd December 1998, which had dismissed the petitioner's service appeal against his dismissal from police service. The core legal question concerns the validity of the petitioner's dismissal from service on charges of misconduct, including immoral acts and unauthorized collection of money from vehicle drivers, following a departmental inquiry and show-cause notice. The Supreme Court held that the petition lacks merit because the petitioner made an unequivocal admission in his reply to the show-cause notice regarding his involvement in collecting money from vehicle drivers. Consequently, the Court affirmed the dismissal and declined to exercise its discretionary jurisdiction under Article 185(3) of the Constitution of Islamic Republic of Pakistan. The key principle laid down is that an unequivocal admission of guilt in disciplinary proceedings obviates the need for further inquiry into factual determinations and justifies the imposition of major penalties such as dismissal from service.
- Whether an unequivocal admission of guilt in a departmental show-cause notice justifies dismissal from service?
- Does the Supreme Court grant leave to appeal under Article 185(3) of the Constitution of Pakistan when concurrent findings of fact are supported by the petitioner's own admissions?
- Article 185(3), Constitution of Islamic Republic of Pakistan 1973
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment dated 22nd December, 1998 passed by Punjab Service Tribunal, Lahore whereby appeal filed by petitioner has been dismissed.
2. Precisely stating the facts of the case are that petitioner was posted at police check post Khamra Kalan District Sargodha, when he indulged in immoral acts like drinking and adultery etc. Besides posing himself as Head Constable for traffic checking of vehicles. On receipt of report about his aforesaid activities, DSP Telecommunication was appointed to hold an inquiry and submit his report. According to report, the petitioner was prima facie found guilty for such activities and thus not entitled to be retained in police service. Accordingly, a show-cause notice was issued to him and he was required to explain his position within a given period. The explanation furnished by him was found unsatisfactory as such after affording him opportunity of personal hearing, the Superintendent of Police, Telecommunication dismissed him from service vide order dated 25th August 1996. Petitioner being aggrieved from the dismissal order, after availing departmental remedies without success, filed an appeal before Punjab Service Tribunal, Lahore which has been dismissed by means of impugned order. As such instant petition has been filed.
3. After hearing learned counsel for petitioner and having gone through the contents of the reply of show cause notice particularly para No.3, we are of the opinion that petitioner himself has made admission in unequivocal terms about accepting share of Rs,40/50 per night out of the money, which he used to charge according to his contention on behalf of Assistant Sub-Inspector from the drivers of the vehicles. Therefore, no case is made out for exercise of jurisdiction by this Court under Article 185(3) of the Constitution of Islamic Republic of Pakistan.
' Thus, petition is dismissed and leave declined.