SAMEER ALI VERSUS IGP

  • Post category:My Landmark Cases
  • Reading time:2 mins read

Punjab Service Tribunal Upholds Justice: Advocate Allah Nawaz Khosa Secures Reinstatement of Appellant in Punjab Police Case

In a landmark decision delivered recently, the Punjab Service Tribunal, after a detailed review of the case, accepted the appeal filed by a Punjab Police officer challenging his discharge from service. The Tribunal set aside the impugned orders dated 20.01.2024 and 21.02.2025, reinstating the appellant with full recognition of his rights and service record.

The case revolved around allegations of unauthorized absence by the appellant during the Basic Recruit Class Course at Police College Sihala. The competent authority had proceeded against the officer under the Punjab Police (E&D) Rules, 1975, ultimately discharging him from service. However, the appellant, represented by the highly skilled Mr. Allah Nawaz Khosa Advocate, contended that the absence was neither willful nor intentional, but due to unavoidable medical reasons.

The Tribunal, after reviewing the evidence, highlighted that the Inquiry Officer, Ms. Raheela Kamran, ASP, had fully endorsed the appellant’s explanation in her denovo inquiry report dated 05.09.2023. The medical certificates submitted were verified and confirmed genuine by the Allama Iqbal Memorial Teaching Hospital, Sialkot. Despite this, the competent authority had discharged the appellant without recording any judicial reasoning or adequately confronting the appellant, relying instead on an unverified statement allegedly made by him.

The Tribunal held that such action was legally unsustainable, emphasizing that “absence from duty” occasioned by compelling and unavoidable circumstances cannot be treated as willful misconduct. Consequently, the appellant was reinstated with the period of absence treated as “leave of the kind due.”

This judgment not only reinstates the officer’s career but also reinforces the principles of fairness and due process within service matters. The meticulous advocacy of Mr. Allah Nawaz Khosa, whose detailed submissions and steadfast representation were pivotal in securing justice, has been widely appreciated. His efforts underscore the crucial role of dedicated legal counsel in protecting the rights of public servants against arbitrary administrative actions.

The Tribunal’s decision sets a strong precedent for similar cases, ensuring that competent authorities must act on verified evidence and record cogent reasons when deviating from inquiry findings.