MANZAR ABBAS vs DISTRICT POLICE OFFICER, SARGODHA Concurrent departmental and criminal proceedings

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MANZAR ABBAS VS DISTRICT POLICE OFFICER, SARGODHA Concurrent departmental and criminal proceedings---Acquittal in criminal proceedings---Effect---Acquittal in a criminal trial does not serve as an embargo against disciplinary proceedings---Departmental and criminal proceedings may proceed concurrently, and the result of one does not impinge upon the other---Nonetheless, an acquittal in a criminal case may be considered during disciplinary proceedings but cannot be the sole determining factor in deciding the fate of the disciplinary proceedings. Citation Name: 2024 PLC(CS) 45 SUPREME-COURTBookmark this Case MANZAR ABBAS VS DISTRICT POLICE OFFICER, SARGODHA R. 4(1)(b)(iv)---Police officials---Dismissal from service---Allegation of travelling in a private car without appropriate permission; abusing official position for the purpose of extortion; tarnishing the reputation of the police department, and fabricating information to conceal misconduct---[Per Yahya Afridi, J. (Majority view): Convincing material was available on record to show that the petitioners (whilst in police uniform) were travelling on a motorway in a private car without either informing or seeking permission from the appropriate authority---Petitioners were arrested pursuant to a call of the complainant to the Motorway Police, indicating a premeditated and deliberate violation of procedure on their part---Overall conduct of the petitioners, including unauthorized travel in police uniform and the subsequent abuse of their official position, painted a clear picture of gross misconduct---Such actions were not only in violation of the trust placed in them by virtue of their positions but also signaled a disregard for the laws and procedures they were entrusted to uphold---Such conduct necessitated a thorough examination and underscored the importance of maintaining integrity within the police force---Gravity of the petitioners' actions stood independently of the outcome of the criminal proceedings and was sufficient to justify disciplinary action---Robust response in the form of disciplinary action against the petitioners was not only justified but essential to deter similar conduct in the future]---[Per Sayyed Mazahar Ali Akbar Naqvi, J. (Minority view): Neither the Inquiry Officer made an attempt to probe into the allegations leveled by the petitioners against the complainant nor the complainant and his witness were associated with the inquiry proceedings---When the petitioners had taken a specific stance that the complainant and his witness were narcotics smugglers, the Inquiry Officer ought to have collected evidence either to accept or rebut the defence evidence of the petitioners---Petitioners had unblemished service record whereas it was a fact that they booked drug peddlers in narcotics cases, who were eventually convicted by the courts---Surprisingly no prosecution evidence was presented to the petitioners nor they were afforded any opportunity of cross-examination---Petitioners claimed that on the day of their arrest, they were visiting different areas of the city/tehsil for checking attendance of police personnel posted there and duly informed the operator of the concerned District Police Officer (DPO)---Inquiry Officer did not bother to collect evidence in this regard and he just denied the petitioners' stance by saying that they could not give a satisfactory answer---Even if this allegation is believed to be true even then the award of major penalty of dismissal from service was not warranted]---Petitions for leave to appeal were dismissed and leave was refused.

MANZAR ABBAS vs DISTRICT POLICE OFFICER, SARGODHA Concurrent departmental and criminal proceedings — 2024 PLC(CS) 45 SUPREME-COURT

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