ISLAMABAD, Feb 25 (APP): The Supreme Court of Pakistan has dismissed the reinstatement petition of Police Constable Shehzad Hussain, who had been implicated in a bribery case, holding that acquittal in a criminal case does not automatically entitle a government employee to restoration of service.
Justice Muhammad Ali Mazhar authored the detailed written judgment.
The court observed that in a disciplined force such as the police, only those officials whose character is beyond doubt and unblemished can be retained in service.
The judgment noted that the constable’s acquittal was not on merits but resulted from witnesses turning hostile and a compromise by the complainant. It clarified that the standard of proof in departmental inquiries differs from that in criminal trials; therefore, departmental proceedings can be sustained even if an accused is acquitted by a criminal court.
According to the decision, the Punjab Service Tribunal had dismissed the constable’s appeal on the grounds of a delay exceeding one year. The Supreme Court observed that no reasonable explanation for the delay had been provided.
The record showed that Constable Shehzad Hussain had been arrested red-handed by the Anti-Corruption Establishment Punjab on charges of accepting a bribe. He was accused of demanding Rs200,000 in return for arranging a job and receiving Rs30,000 in advance. At the time of arrest, a raid conducted under the supervision of a judicial magistrate led to the recovery of marked currency notes from the accused.
The court noted that following his arrest, a departmental inquiry found the constable guilty, leading to his dismissal from service. Subsequently, the Special Judge Anti-Corruption acquitted him in the criminal case on December 16, 2022.
In its ruling, the Supreme Court held that the departmental proceedings were conducted in accordance with the law and that no grounds existed for reinstatement. The petition was accordingly dismissed.