MUHAMMAD YASEEN vs SECRETARY, MINISTRY OF INTERIOR AND NARCOTICS CONTROL, NARCOTICS CONTROL DIVISION, ISLAMABA

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MUHAMMAD YASEEN VS SECRETARY, MINISTRY OF INTERIOR AND NARCOTICS CONTROL, NARCOTICS CONTROL DIVISION, ISLAMABAD art. 25(1)---Police official---assistant Sub-Inspector in anti-Narcotics Force (aNF)---allegation of illegally snatching money from a civilian at a picket---Discrimination in award of penalty---Dismissal from service converted into minor penalty---Petitioner along with three other aNF officials was charge-sheeted for illegally taking/snatching an amount of Rs.103,000/- from a person "K" and a joint inquiry in this regard was conducted by Deputy Director, aNF---after inquiring into the matter, the Inquiry Officer recommended imposition of minor penalties on the three co-accused, whereas petitioner was removed from service---Statement of person "K" showed that case of the petitioner was not distinguishable from the other three co-accused---Petitioner had 33 years of unblemished service on his part and during present proceedings, his retirement age had passed---after serving the department for such a long period, the pensionary benefits were the right of an employee, which enabled him to spend rest of his life peacefully---By dismissing the petitioner from service while awarding minor penalties to the other officials, the petitioner had been discriminated against and the Service Tribunal did not take into consideration this aspect of the matter---Petition for leave to appeal was converted into appeal and allowed, impugned judgment to the extent of the petitioner was set-aside and the department was directed to treat the petitioner similar to his co-accused by awarding him minor penalty, and that if the date of retirement of the petitioner had passed, all pensionary benefits for which he was entitled, shall be given to him within a period of two months from the date of receipt of certified copy of present order.

MUHAMMAD YASEEN vs SECRETARY, MINISTRY OF INTERIOR AND NARCOTICS CONTROL, NARCOTICS CONTROL DIVISION, ISLAMABAD art — 2023 SCMR 1691 SUPREME-COURT

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