In the case Manzar Abbas and another v. District Police Officer, Sargodha and others (2024 P L C (C.S.) 45), the Supreme Court of Pakistan dealt with the concurrent departmental and criminal proceedings involving two police officers accused of misconduct while in police service. The judgment primarily addressed the interplay between acquittal in criminal proceedings and disciplinary actions within the department.
Key Legal Principles:
- Concurrent Proceedings: The Court reaffirmed that acquittal in criminal proceedings does not bar disciplinary action within a department. Departmental and criminal proceedings may proceed concurrently, and an acquittal in the criminal case does not preclude departmental disciplinary measures. However, acquittal may be a factor considered during disciplinary proceedings, but it is not determinative.
- Misconduct and Departmental Discipline: The petitioners were accused of traveling in a private car without proper authorization, abusing their official positions, and attempting extortion. Despite their acquittal in the criminal trial, the Court found convincing evidence of misconduct in the departmental inquiry. Their unauthorized conduct and abuse of position justified their dismissal from service, underscoring the importance of maintaining discipline and integrity within the police force.
- Minority Opinion: Justice Sayyed Mazahar Ali Akbar Naqvi dissented, emphasizing the flawed inquiry process, including the failure to associate the complainant or his witness with the investigation. He pointed out that the petitioners had a strong defense based on their claim that the complainant was a narcotics smuggler. He criticized the inquiry for not adequately investigating this defense and for dismissing the petitioners without a fair opportunity to defend themselves. He found the dismissal harsh and disproportionate.
- Acquittal and Departmental Proceedings: Justice Naqvi also emphasized that, while disciplinary proceedings are separate from criminal trials, in cases where both rest on identical facts, acquittal in criminal proceedings may impact the fairness of subsequent departmental actions.
The majority of the Court, however, upheld the dismissal, viewing the officers’ misconduct as serious enough to warrant disciplinary action independent of the criminal trial’s outcome.