The DISTRICT POLICE OFFICER, MIANWALI vs AMIR ABDUL MAJID Concurrent disciplinary and criminal proceedings aga

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The DISTRICT POLICE OFFICER, MIANWALI VS AMIR ABDUL MAJID Concurrent disciplinary and criminal proceedings against a civil servant---Acquittal in criminal proceedings---Whether such acquittal could be a ground for reinstatement in service---Civil servant facing expulsive proceedings on departmental side on account of his indictment on criminal charge may not save his job in the event of acquittal as the department still may have reasons/material, to conscionably consider his stay in the service as inexpedient---Additional reasons may exist to disregard such acquittal inasmuch as criminal dispensation of justice involving corporeal consequences, comparatively, required a higher standard of proof so as to drive home the charge beyond doubt---Procedural loopholes or absence of evidence at times resulted in failure to sustain the charge essentially to maintain safe administration of criminal justice out of abundant caution---Departmental jurisdiction, on the other hand, could assess the suitability of a civil servant, confronted with a charge through a fact finding method, somewhat inquisitorial in nature without heavier procedural riders, otherwise required in criminal jurisdiction to eliminate any potential risk of error. Citation Name: 2021 PLC(CS) 587 SUPREME-COURTBookmark this Case The DISTRICT POLICE OFFICER, MIANWALI VS AMIR ABDUL MAJID Police Constable--- Concurrent disciplinary and criminal proceedings---Reinstatement in service after acquittal in criminal proceedings---Legality---Service Tribunal had undoubtedly misdirected itself in reinstating the respondent, considering his acquittal in the criminal case as the sole criterion---However, the respondent could not be non-suited merely on the account of flawed handling of his case by the Tribunal---Perusal of the record of the criminal case showed that the respondent's name was conspicuously missing in the array of the persons nominated in the crime report and he was subsequently nominated through a supplementary statement purportedly recorded the same day, a position that was belied by the site plans including one drafted as late as four days after the occurrence, irresistibly suggesting that the accused was taken on board much late in the day---Even otherwise the prosecution witnesses had contradicted each other on dubious nomination of accused---Trial Court took stock of inherent discrepancies qua the accused and held the charge against him as preposterous---In such backdrop, acquittal of accused from the charge, not only vindicated his claim of being subsequently hounded on a trump up charge but also left nothing in the field to conscionably view his presence as detrimental or non-conducive to good order in the police department wherein he otherwise boosted an unblemished career---Notwithstanding the error of approach by the Tribunal, Supreme Court declined to interfere with the impugned judgment---Petition for leave to appeal was dismissed and leave was refused.

The DISTRICT POLICE OFFICER, MIANWALI vs AMIR ABDUL MAJID Concurrent disciplinary and criminal proceedings against a civil servant — 2021 PLC(CS) 587 SUPREME-COURT

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