Sitting Panel: Sh. Riaz Ahmad, C.J., Mian Muhammad Ajmal and Muhammad Nawaz Abbasi, JJ

Summary:

This civil petition for leave to appeal was filed by Muhammad Sajid Butt (petitioner), an Inspector/Traffic Sergeant, against the judgment of the Punjab Service Tribunal, which upheld his dismissal from service. The petitioner was dismissed after being found in objectionable circumstances with a woman in a hotel room during duty hours, leading to a criminal case under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and departmental proceedings. Although he was acquitted in the criminal case on technical grounds (mere presence not proving Zina or attempt), the departmental authority, after issuing a show-cause notice and providing a personal hearing, dismissed him for misconduct, concluding that a regular inquiry was unnecessary due to clear evidence.

The Supreme Court dismissed the petition, refusing leave to appeal. The Court held that the departmental proceedings were properly conducted under General Police Proceedings, and the authority was justified in dispensing with a full inquiry given the facts. Crucially, the Court reiterated the principle that criminal proceedings and departmental proceedings are distinct; therefore, an acquittal in a criminal case, especially on technical grounds or due to insufficient evidence, does not automatically lead to reinstatement in service or absolve a civil servant from charges of misconduct in departmental proceedings. The Court found the petitioner’s conduct “unworthy of a Police Officer and a gentleman,” constituting “gross misconduct,” and concluded that such officers have no place in a disciplined force like the Police.

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