Legal Case Summary

Case Details
Case ID 0437f3a2-510d-4da4-8a00-eb21b9d22948
Body View case body.
Case Number Civil Appeal No. 10 of 2020
Decision Date Apr 23, 2020
Hearing Date Apr 23, 2020
Decision The Supreme Court dismissed the appeal filed by the legal heirs of Anthony Roy, upholding the decision of the Federal Service Tribunal. The court found that the appellant, a mechanical engineer in Pakistan Railways, exhibited gross negligence and carelessness in his duties, leading to a significant financial loss to the exchequer amounting to Rs. 38,39,734. The court acknowledged the findings of three inquiries that established the appellant's guilt regarding failure to specify quantities in tender documents, which facilitated fraud. The appeal was ultimately dismissed with no order as to costs, affirming the penalty of dismissal from service as justified.
Summary In the case of Civil Appeal No. 10 of 2020, the Supreme Court of Pakistan dealt with the dismissal of Anthony Roy, a mechanical engineer, due to gross negligence in his duties which led to financial loss in public funds. The court examined the Government Servants (Efficiency and Discipline) Rules, 1973, specifically under section 4(1)(b)(iv), which outlines the standards of conduct expected from government servants. The appellant's failure to specify quantities in the tender documents for Bitumen Tape procurement was deemed a critical lapse, leading to excessive payments and allegations of fraud. The three successive inquiries conducted by qualified officers confirmed the appellant's negligence, dismissing any claims of procedural violations during the inquiry process. The court's decision reinforces the importance of diligence and accountability in public service roles, highlighting the serious consequences of negligence. This case serves as a significant precedent in administrative law, emphasizing the need for transparency and accuracy in government procurement processes.
Court Supreme Court of Pakistan
Entities Involved Pakistan Railways
Judges IJAZ UL AHSAN, GULZAR AHMED, CHIEF JUSTICE
Lawyers Mian Asif Mumtaz, Advocate Supreme Court, Jawad Mehmood Pasha, Advocate Supreme Court, Raja Ghazanfar Ali Khan, Advocate Supreme Court, Syed Rafaqat H. Shah, Advocate-on-Record, Imran Hayat, Director Legal, Azam Ghafoor, Chief Contractor Purchase, Rashid Waqas, Dy. CME, Shehzad Javed, Dy. Mechanical Engineer, Muhammad Saleem, Joint Director Ministry of Railways
Petitioners ANTHONY ROY (DECEASED) THROUGH LEGAL HEIRS
Respondents THE PRIME MINISTER OF ISLAMIC REPUBLIC OF PAKISTAN THROUGH PRIME MINISTER SECRETARIAT, ISLAMABAD AND OTHERS
Citations 2020 SLD 1780, 2020 PLC 959
Other Citations Not available
Laws Involved Government Servants (Efficiency and Discipline) Rules, 1973
Sections 4(1)(b)(iv)