Case Title: Syed Nasir Ali Shah v. Department: Police
Appeal No.: 1961/2024
Decision Date: 29.07.2025
Forum: Punjab Service Tribunal, Lahore
Counsel for Appellant: Mr. Allah Nawaz Khosa, Advocate
In a significant ruling, the Punjab Service Tribunal, Lahore, has held that mere absence from duty, even extending to 67 days, does not by itself warrant the harsh penalty of dismissal from service.
The appellant, a police official, was dismissed by the Competent Authority on 13.11.2021 under the Punjab Police (E&D) Rules, 1975, for being absent from duty for 02 months, 07 days, and 20 minutes. Both the departmental appeal and the revision petition against dismissal were rejected, which led to the filing of the instant service appeal.
Advocate Mr. Allah Nawaz Khosa, appearing on behalf of the appellant, forcefully argued that the punishment was disproportionate, excessively harsh, and violative of the settled principles of natural justice. Counsel emphasized that the absence was not deliberate and that the penalty of dismissal was neither sustainable in law nor commensurate with the nature of the charge.
After considering the submissions, the Tribunal found merit in the arguments and held that absence from duty, though misconduct, does not automatically justify dismissal unless aggravated by serious factors. The Tribunal referred to relevant precedents, including 1988 PLC 639 and 2021 SCMR 962, as well as departmental standing orders requiring proportionality in disciplinary matters.
The Tribunal accordingly partially allowed the appeal, setting aside the major penalty of dismissal and converting it into the lesser punishment of “stoppage of two increments for two years”. The appellant was reinstated into service.
Counsel’s Efforts Appreciated
This case is a notable success for Mr. Allah Nawaz Khosa, Advocate, whose dedicated advocacy secured reinstatement for the appellant. By persuasively demonstrating that the penalty of dismissal was unduly harsh, he upheld the vital legal principle that punishments must remain just, reasonable, and proportionate to the proven misconduct.
