SENIOR SUPERINTENDENT OF POLICE (OPERATIONS) vs SHAHID NAZIR R — 2022 PLC(CS) 679 SUPREME-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

SENIOR SUPERINTENDENT OF POLICE (OPERATIONS) VS SHAHID NAZIR R. 6(3)(b)---Misconduct---Involvement in criminal cases and failure to perform duty efficiently---Whether competent authority could dispense with regular inquiry in view of registration of FIRs against the delinquent police official/respondent---Held, that in the present case although the respondent (police official) was booked in some FIRs lodged against him but he was not convicted by the court in any case when the show cause notice was issued to him, therefore, in order to reach just and proper conclusion, regular departmental inquiry should have been conducted by the police department as the case of respondent's misconduct could not be solitary based on mere documentary evidence but on the basis of the FIRs lodged where the prosecution had to prove the guilt of accused beyond any reasonable doubt---Inquiry was dispensed with on the pretext that FIRs were lodged which did not culminate in the conviction of the respondent before show cause notice, therefore, in the peculiar circumstances, neither inquiry could be dispensed with nor registration of FIRs could relax or absolve the obligation of holding regular inquiry to decide the allegations of misconduct against the respondent---Appeal was dismissed and judgment of Service Tribunal whereby respondent's dismissal from service was converted into forfeiture of two years of service was maintained with the observation that conduct of the police department in the present case was quite negligent and reckless giving the impression that departmental inquiry was intentionally dispensed with to accord technical benefit to the respondent by perpetration of procedural lapses.

SENIOR SUPERINTENDENT OF POLICE (OPERATIONS) vs SHAHID NAZIR R — 2022 PLC(CS) 679 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2022 PLC