| Case ID |
0aaeaa5b-af83-4c23-87a0-ad5fc59180ee |
| Body |
View case body. Login to View |
| Case Number |
Appeal No. 543(L) of 2017 |
| Decision Date |
Oct 12, 2020 |
| Hearing Date |
Oct 12, 2020 |
| Decision |
The appeal was allowed on the grounds that the respondents could not reopen the finalized departmental proceedings after three years to impose a recovery order from the appellant's pension. The Supreme Court found that the actions taken by the respondents were not legally sustainable and violated the principles of fairness and justice. It was determined that the appellant had already faced a major penalty, and reopening the case for recovery of funds was deemed inappropriate. The decision emphasized that the law does not permit double jeopardy for the same cause. |
| Summary |
This case revolves around the disciplinary actions taken against a government servant accused of misappropriation of funds while serving as a clerk in the postal service. The appellant was initially dismissed from service without a clear decision on the recovery of the misappropriated amount. The case highlights critical issues in administrative law, particularly regarding the enforcement of disciplinary rules and the rights of government employees. The ruling underlines the importance of finality in administrative decisions and the prohibition against reopening cases after a significant lapse of time. Keywords: Government Servants, Disciplinary Actions, Misappropriation, Administrative Law, Legal Precedents. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Chief Postmaster Lahore GPO,
Director General Pakistan Post Islamabad
|
| Judges |
CH. SHAHID NASEER,
SHUJA-UD-DIN,
MUHAMMAD USMAN SANDHU
|
| Lawyers |
Sh. Iqbal Mahmood Anjum,
Mr. Abid Hussain Ch., A.A.-G
|
| Petitioners |
Ch. Shahid Naseer
|
| Respondents |
ANOTHER,
DEPUTY POSTMASTER GENERAL (OP), CENTRAL PUNJAB CIRCLE, LAHORE
|
| Citations |
2021 SLD 2254,
2021 PLJ 64
|
| Other Citations |
2010 SCMR 861
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973
|
| Sections |
4(1)(a)(iii)(iv),
4(1)(b)(ii)
|