| Case ID |
02b816c8-e189-444f-9974-3aad0ef71200 |
| Body |
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| Case Number |
Civil Petition No. 3112 of 2020 |
| Decision Date |
Sep 27, 2022 |
| Hearing Date |
Sep 27, 2022 |
| Decision |
The Supreme Court dismissed the Civil Petition for leave to appeal, affirming the decision of the Sindh Service Tribunal which had dismissed the petitioner's Service Appeal No. 329 of 2020. The court held that Rule 12-A of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 does not prevent the competent authority from investigating cases of interpolations or incorrect entries in a civil servant's service record. The petitioner, Ali Bux Shaikh, had challenged the discrepancy in his recorded date of birth, arguing that it could not be altered once recorded. However, the court found that the competent authority had acted within its rights to investigate and correct the date of birth upon finding evidence of deceitful alterations. The petitioner could not argue that incorrect entries should remain uncorrected despite evidence to the contrary. The court further emphasized that each case must be evaluated on its own facts and circumstances. |
| Summary |
In the case of Ali Bux Shaikh vs The Chief Secretary, Government of Sindh, the Supreme Court of Pakistan addressed issues pertaining to the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, particularly Rule 12-A, regarding the finality of a civil servant's recorded date of birth. The petitioner contended that his date of birth, recorded as 01.01.1961, should remain unaltered despite the Home Department's records indicating 01.01.1958. The court ruled against the petitioner, confirming that the competent authority has the right to investigate discrepancies in civil service records. The judgment highlighted the importance of integrity in public service documentation and the necessity for accurate records. The case underscores the legal principles surrounding employment rights and civil service regulations in Pakistan, emphasizing the need for transparency and accountability in government service appointments and promotions. Keywords such as 'Sindh Civil Servants', 'employment rights', and 'public service documentation' are crucial for SEO optimization. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Sindh,
Sindh Service Tribunal
|
| Judges |
SARDAR TARIQ MASOOD,
AMIN-UD-DIN KHAN,
MUHAMMAD ALI MAZHAR
|
| Lawyers |
Agha Muhammad Ali Khan,
Syed Rifaqat Hussain Shah
|
| Petitioners |
ALI BUX SHAIKH
|
| Respondents |
The CHIEF SECRETARY, GOVERNMENT OF SINDH, KARACHI,
S. M. Saulat Rizvi,
M. Nasir
|
| Citations |
2022 SLD 2332,
2022 SCMR 2050
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974
|
| Sections |
12-A
|