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ISLAMABAD, Nov 06 (APP): The Supreme Court of Pakistan has declared the dismissal of Police Constable Ghulam Murtaza unlawful and ordered his reinstatement, ruling that a departmental action cannot be sustained once an employee has been acquitted of the only criminal charge forming its basis.
According to the written judgment approved for reporting, the apex court held that when the sole allegation against a public servant is their involvement in a criminal case, an acquittal by a criminal court automatically nullifies the departmental proceedings.
A two-member bench comprising Justice Syed Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi announced the verdict in Civil Petition No. 4757/2024, filed against the decision of the Punjab Service Tribunal dated May 16, 2024.
The judgment stated that Ghulam Murtaza, who was serving as a Police Constable (BPS-07), was booked in FIR No. 722/2021 under a murder charge in 2021. Based on that case, the department initiated disciplinary proceedings and dismissed him from service in December 2021. Although he was acquitted of the criminal charges on April 26, 2022, the department reopened the inquiry and dismissed him again.
The Supreme Court observed that the inquiry officer presented no evidence or witnesses to prove “negligence in duty.”
The recommendation for strict action was made solely because Murtaza was nominated in the FIR, which the court termed unjust, arbitrary, and contrary to law.
The apex court held that while criminal and departmental proceedings are separate in nature, a departmental penalty cannot survive if it is based only on the allegation of involvement in a criminal case.
Citing Articles 9, 10A, and 14 of the Constitution, the court ruled that punishing an employee without evidence or a fair inquiry violates the rights to due process, human dignity, and livelihood. The court set aside both the dismissal order and the Punjab Service Tribunal’s decision, restoring Ghulam Murtaza to service.