| Case ID |
0b1de217-832d-4ed5-b133-815a188a9ead |
| Body |
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| Case Number |
Civil Petition No. 330-P of 2013 |
| Decision Date |
Jan 04, 2019 |
| Hearing Date |
Dec 11, 2018 |
| Decision |
The Supreme Court of Pakistan reinstated the petitioner, Qazi Faez Isa, to his position with the Cantonment Board, Peshawar, overturning the unauthorized removal order. The Court ruled that the disciplinary proceedings lacked jurisdiction due to procedural irregularities under the Pakistan Cantonment Servants Rules, 1954, specifically Section 50. Consequently, the petitioner was restored to his service without back benefits, as he did not seek them. |
| Summary |
In the pivotal case of Civil Petition No. 330-P of 2013, the Supreme Court of Pakistan delivered a landmark decision on January 4, 2019, addressing critical issues of administrative law and procedural fairness within public service frameworks. The petitioner, Qazi Faez Isa, a Telephone Operator (BPS-02) with the Cantonment Board in Peshawar, challenged his removal from service, which was enacted by the authorized officer without adhering to the procedural mandates outlined in the Pakistan Cantonment Servants Rules, 1954, particularly Section 50. The petitioner had been subjected to disciplinary action due to a single day's unauthorized absence from duty on February 7, 2011, despite having a prior record of minor infractions. The inquiry officer had recommended a modest penalty of a 25% salary deduction and a final warning, but the authorized officer escalated this to removal without forwarding the case to the Authority as required by the rules. This procedural lapse formed the crux of the petitioner's argument, emphasizing the lack of jurisdiction and the violation of due process.
The Supreme Court, presided over by Justices Qazi Faez Isa, Sajjad Ali Shah, Syed Mansoor Ali Shah, and Sabir Iqbal, meticulously examined the administrative procedures and the exercise of executive discretion in this case. The Court underscored the principles of proportionality, suitability, and necessity as essential tests for judicial review of executive actions under the Constitution of Pakistan, 1973, specifically citing Articles 184(3) and 199. By referencing precedent cases such as Habibullah Bhutto v. Collector of Customs (2011 SCMR 1504), the Court highlighted the importance of balancing governmental objectives with individual rights, ensuring that disciplinary measures are neither excessive nor arbitrary.
The decision emphasized that the removal of an employee should be commensurate with the misconduct displayed, and in this instance, the action taken was disproportionate to the offense of a single day's absence, especially given the lack of procedural adherence. Furthermore, the Court noted the failure of the authorized officer to issue fresh notice or provide reasons for disagreeing with the inquiry officer's recommendations, thereby infringing upon the principles of natural justice and administrative fairness.
In a detailed analysis, the Court elaborated on the doctrine of administrative proportionality, asserting that governmental actions must maintain a fair balance between the intended objectives and the means employed, without unduly infringing upon individual rights. The Court's judgment reinforced the necessity for transparent and accountable administrative practices, setting a significant precedent for future cases involving public service disciplinary actions.
Ultimately, the Supreme Court ordered the reinstatement of Qazi Faez Isa to his position within the Cantonment Board, Peshawar, without entitling him to back benefits, as he expressly waived such claims. This judgment not only rectified the immediate injustice faced by the petitioner but also reaffirmed the judiciary's role in upholding the rule of law and safeguarding employees' rights against arbitrary executive actions. The case serves as a critical reference point for ensuring that administrative processes within governmental bodies adhere strictly to established legal frameworks, thereby fostering a fair and just public service environment. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Peshawar High Court,
Cantonment Board, Peshawar,
Military Lands and Cantonment, Peshawar
|
| Judges |
QAZI FAEZ ISA,
JUSTICE SAJJAD ALI SHAH,
JUSTICE SYED MANSOOR ALI SHAH,
JUSTICE SABIR IQBAL
|
| Lawyers |
Ghulam Nabi,
M. Ajmal Khan,
Ihsan Ullah,
Haji M. Zahir Shah,
Syed Hamid Ali Shah,
M. Zahoor Qureshi
|
| Petitioners |
QAZI FAEZ ISA
|
| Respondents |
CANTONMENT BOARD, PESHAWAR THROUGH EXECUTIVE OFFICER AND OTHERS
|
| Citations |
2019 SLD 411,
2019 PLD 189
|
| Other Citations |
Habibullah Bhutto v. Collector of Customs 2011 SCMR 1504,
A. Barak, The Judge in a Democracy, Princeton, p.225,
Halsbury's Laws of England, Vol 1(1), 4th Edition, Para 78,
De Smith's Judicial Review
|
| Laws Involved |
Pakistan Cantonment Servants Rules, 1954,
Constitution of Pakistan, 1973
|
| Sections |
50,
184(3),
199
|