8063/2019 Const. P. Hafiz Muhammad Tabish (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
8063/2019 Const. P. Hafiz Muhammad Tabish (Petitioner) V/S Fed. of Pakistan and Others (Respondent) Sindh High Court
Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 09-DEC-20
we are of the considered view that merely obtaining acquittal from a criminal case is no ground to take benefit to bypass the disciplinary proceedings. Since the show cause was issued against the petitioner and he replied and it is for the respondent-KPT to decide in accordance with law for which this Court is not required to show indulgence in the matter under Article 199 of the Constitution to set-aside the disciplinary proceedings initiated against him--we do not see any infringement of the right of the Petitioner which could be called in question by way of Writ Petition. It is a well-settled principle of law that a public Servant has no vested right to call in question the disciplinary proceedings in Writ Petition. During the course of arguments, we have been informed that petitioners service has been dispensed with under the disciplinary proceedings.