Sitting Panel: Sh. Riaz Ahmed, Qazi Muhammad Farooq and Javed Iqbal, JJ

Summary:

This case involves a civil petition for leave to appeal filed by the Federation of Pakistan against the Federal Service Tribunal’s judgment, which reinstated Syed Mumtaz Ahmed Burney (respondent), a Superintendent of Police, who had been compulsorily retired. The core charge against Burney was that he consented to the release on bail of an alleged notorious smuggler, Sourang Khan, by a subordinate investigating officer, Inspector Kher Muhammad Chandio, despite the recovery of a significant amount of hashish. The Federation contended that Burney’s conduct amounted to misconduct, inefficiency, and lack of supervision, warranting the major penalty imposed.

The Supreme Court dismissed the petition, refusing to grant leave to appeal. After a meticulous review of the entire record, including the charge-sheet, statements of allegations, show-cause notice, and inquiry report, the Court found that the allegations leveled against Burney could not be definitively proven. It noted that the Investigating Officer, who actually released the smuggler on bail, was not penalized, raising questions about discriminatory action. The Court concluded that there was no “specific incriminating material or evidence” showing Burney was responsible for the release or acted with an ulterior motive. While acknowledging that Burney’s handling of the situation showed “dereliction of duty” and “careless and callous approach” in not providing proper guidance or applying his conscious mind, the Court stated that for such negligence, departmental action might be justified, but not a penalty as severe as compulsory retirement based on unsubstantiated allegations. The Supreme Court emphasized that it does not ordinarily interfere with concurrent findings of fact by departmental authorities and the Service Tribunal unless a substantial point of law or public importance is involved, which was not the case here.

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