JAVED ALI vs INSPECTOR GENERAL OF POLICE, SINDH Police officials — 2024 PLC(CS) 1397 SUPREME-COURT

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JAVED ALI VS INSPECTOR GENERAL OF POLICE, SINDH Police officials---Dismissal from service---Allegation of being overage at the time of appointment---No opportunity of personal hearing provided---No enquiry conducted to establish deceitfulness on part of dismissed police officials---Admittedly neither any right of personal hearing was afforded nor was any inquiry conducted to prove whether the petitioners secured their appointments lawfully or unlawfully or in a deceitful manner, and whether they were solely responsible without any lapses or slip-ups of the personnel deployed in the recruitment process---Petitioners were awarded the major penalty of dismissal from service without any individual departmental inquiry and affording any right of audience---Moreover, a specific plea was taken by the petitioners before the Tribunal that their similarly placed colleagues were reinstated afterwards, but this benefit was not afforded to the petitioners who had been discriminated against---Neither this vital contention was appreciated nor the respondents were called upon to verify or comment on it to dislodge or disentangle the plea of discrimination---Petitioners were not appointed through any illegal or fake recruitment process, rather there was an issue of being overage, which was intimated to them after about 4 to 6 years from the date of their induction in service and they had been made the victims of this overage issue without being intimated of any such defect at the time of applying for the job, and after serving 4 and 6 years respectively in the Police Department, the drastic action of dismissal from service was taken without giving any opportunity of personal hearing and conducting enquiry---There was no explanation by the department as to why their own recruitment procedure was so weak and vulnerable that it detected such flaw or deficiency after 4 to 6 years---There was nothing on record with regards to the present petitioners which may show that they managed their appointment through some illegal means or committed any fraud---According to the petitioners, there was also a conflict and disagreement on the exact age of the petitioners at the time of making application for joining the recruitment process and the age intimated by the law officer during the course of arguments which also needed to be resolved---Furthermore, while dismissing the petitioners from service after they served a considerable length of service, the department also failed to advert to the possibility of age relaxation, if any, available under the law, in view of Government Policy or Notification in vogue for any ex-post facto approval---Petitions were converted into appeals and allowed, the impugned order was set-aside and the matter was remanded to the Tribunal to decide the appeals of petitioners on merits after providing equal opportunity of hearing to the parties.

JAVED ALI vs INSPECTOR GENERAL OF POLICE, SINDH Police officials — 2024 PLC(CS) 1397 SUPREME-COURT

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