| Case ID |
0f649b31-4818-4d19-accb-0d23b33d5f11 |
| Body |
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| Case Number |
Civil Appeal No. 82 of 1992 |
| Decision Date |
Oct 23, 1993 |
| Hearing Date |
Oct 23, 1993 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of Khadim Hussain against the order of compulsory retirement and imposition of a penalty of Rs.4,250. The court found that there was no evidence to establish the charge of misappropriation or negligence in the performance of duties. Consequently, the appellant was entitled to reinstatement in service with all back benefits. |
| Summary |
In the case of Khadim Hussain vs. Director, Public Instructions (Schools) Punjab, Lahore, the Supreme Court of Pakistan examined the validity of penalties imposed on a civil servant for alleged misappropriation and negligence. The court scrutinized the inquiry report and found insufficient evidence to support the charges. The judgment emphasized the need for concrete evidence before imposing such penalties, ultimately leading to the reinstatement of the appellant with back benefits. This case highlights the importance of due process and the protection of civil servants' rights under the law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Punjab Service Tribunal,
Education Department
|
| Judges |
NASIM HASAN SHAH, C.J.,
SALEEM AKHTAR,
MANZOOR HUSSAIN SIAL, JJ
|
| Lawyers |
Khadim Hussain,
Raja Abdul Ghafoor, Advocate,
Rao Muhammad Yousuf Khan, Advocate on Record
|
| Petitioners |
KHADIM HUSSAIN
|
| Respondents |
DIRECTOR, PUBLIC INSTRUCTIONS (SCHOOLS) PUNJAB, LAHORE
|
| Citations |
1994 SLD 661,
1994 PLC 342
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975,
Constitution of Pakistan (1973)
|
| Sections |
R. 4,
Art. 212
|