| Case ID |
0aaf050d-5b81-4693-b9c2-9e0cf0ff1f53 |
| Body |
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| Case Number |
Civil Appeal No.2142 of 2006 |
| Decision Date |
Nov 02, 2009 |
| Hearing Date |
Nov 02, 2009 |
| Decision |
The Supreme Court of Pakistan ruled that the respondent, Ahmad Yar Khan, could not be penalized under the Punjab Local Councils (Audit) Rules, 1981 after already facing disciplinary action under the Punjab Removal from Service (Special Powers) Ordinance, 2000. The court found that the action taken against him constituted double jeopardy, as he had already received a penalty of censure for the same charges. The recovery of Rs.371,836 imposed upon him was deemed invalid, as the initial disciplinary proceedings had reached finality. The court upheld the Service Tribunal's decision to set aside the recovery order, thereby dismissing the appeal of the petitioners. The ruling emphasized the legal principle that no individual should be punished twice for the same offense, aligning with constitutional protections against double jeopardy. |
| Summary |
The case revolves around the legal principles of double jeopardy and the jurisdiction of service tribunals in Pakistan. Ahmad Yar Khan, a civil servant, faced disciplinary actions under the Punjab Removal from Service (Special Powers) Ordinance, 2000 for alleged misconduct. After a minor penalty of censure was imposed, further recovery actions were initiated against him under the Punjab Local Councils (Audit) Rules, 1981, which led to legal disputes regarding the validity of these actions. The Supreme Court ultimately ruled that the recovery was unjustified, reinforcing the principle that an individual cannot be punished multiple times for the same offense. This case underscores the importance of legal protections against double jeopardy and the proper jurisdiction of service tribunals. It highlights the intersection of administrative law and constitutional protections, providing clarity on the limits of punitive actions against civil servants. Keywords: double jeopardy, administrative law, civil service, service tribunals, Punjab Ordinance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Local Government and Rural Development, Government of Punjab,
Town Committee, Zahirpir
|
| Judges |
JAVED IQBAL,
MUHAMMAD SAIR ALI
|
| Lawyers |
Dr. Mohy-ud-Din Qazi,
Hafiz Tariq Naseem
|
| Petitioners |
SECRETARY, LOCAL GOVERNMENT AND RURAL DEVELOPMENT, GOVERNMENT OF PUNJAB
|
| Respondents |
AHMAD YAR KHAN
|
| Citations |
2010 SLD 2743,
2010 SCMR 861
|
| Other Citations |
Ali Hassan Rizvi v. Islamic Republic of Pak. 1986 SCMR 1086,
Muhammad Azhaar Khan v. Service Tribunal, Islamabad 1976 SCMR 262,
Yousaf Khan Siddiqi v. Additional Settlement and Rehabilitation Commissioner, Peshawar 1976 SCMR 268,
WAPDA v. Abdul Rashid Dar 1990 SCMR 1513,
Sher Bahadur v. Government of N.-W.F.P. 1990 SCMR 1519,
Zahida v. Deputy Director 1990 SCMR 1504
|
| Laws Involved |
Punjab Removal from Service (Special Powers) Ordinance, 2000,
Punjab Local Councils (Audit) Rules, 1981,
Constitution of Pakistan, 1973,
Criminal Procedure Code, 1898,
Service Tribunals Act, 1973
|
| Sections |
3(1)(e),
11,
27,
212(3),
13,
403,
4
|