Legal Case Summary

Case Details
Case ID 0f649b31-4818-4d19-accb-0d23b33d5f11
Body View case body.
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