Case ID |
0fc8d094-0393-43f4-8aba-7ddda39a026e |
Body |
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Case Number |
Civil Appeals Nos.1341, 1648, 1700, 1880, 1893, 19 |
Decision Date |
May 19, 2008 |
Hearing Date |
May 19, 2008 |
Decision |
The Supreme Court of Pakistan upheld the decisions of the Punjab Service Tribunal regarding various civil appeals involving allegations of misconduct and inefficiency against several civil servants. The court emphasized the need for specifying the duration of penalties imposed under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, particularly when reducing employees to lower posts or stages in their pay scales. The court found that many penalties lacked specified timeframes, rendering them unsustainable. It was noted that reductions should typically be limited to one stage unless otherwise justified. The judgment clarified the interpretation of the relevant rules and laws, ensuring that civil servants are not unduly penalized without clear legal justification. |
Summary |
This case involves multiple civil appeals heard by the Supreme Court of Pakistan regarding the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. The appeals were brought by various civil servants facing disciplinary actions, including reductions in rank and pay. The court's decision focused on the importance of adhering to procedural requirements when imposing penalties, particularly the necessity of stating the duration for which penalties are effective. This ruling underscores the principles of fair treatment and due process in civil service disciplinary matters. The court ruled that reductions in rank or pay should not exceed one stage unless explicitly warranted. The emphasis on procedural compliance aims to protect civil servants' rights and ensure accountability in administrative actions. This landmark decision serves as a precedent for future cases involving disciplinary actions against civil servants, reinforcing the need for transparency and fairness in public service governance. |
Court |
Supreme Court of Pakistan
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Entities Involved |
Not available
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Judges |
ABDUL HAMEED DOGAR, C.J.,
IJAZ-UL-HASSAN KHAN,
CH. EJAZ YOUSAF, JJ
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Lawyers |
Mian Mehmood Hussain, Advocate Supreme Court,
Ms. Afshan Ghazanfar, A.A.G. Punjab,
M. Arshad Inspector, Legal, Okara,
Jamshed Farooq, D.S.P. Legal, Gujrat,
Rai Allah Ditta, Inspector,
G.N. Gohar, Advocate-on-Record,
S. Riaz Hussain, Legal Officer
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Petitioners |
MUHAMMAD SADIQ,
ARIF HUSSAIN,
MUHAMMAD AZEEM,
MUZAFFAR ALI,
Rana DILBAR HUSSAIN,
Syed ZAMIRUL HASSAN ZAIDI,
ZUBAIDA SAHAR,
Dr. MUHAMMAD ISLAM ALI CHAUDHRY,
AKBAR ALI SHAHID,
M. EHSAN KHAN SADOZAI,
ZIA-UDDIN,
Syed AKHTER RAZA ZAIDI,
ZUBAIDA SAHR,
MUHAMMAD EHSAN KHAN SADOZAI,
TANVEER ELAHI,
Ch. IRSHADULHAQ,
MALIK SHAUKAT HUSSAIN
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Respondents |
SUPERINTENDENT OF POLICE and others,
INSPECTOR-GENERAL OF POLICE, PUNJAB and others,
SUPERINTENDENT OF POLICE (TRAFFIC), FAISALABAD and others,
PROVINCIAL DIRECTOR, LOCAL FUND AUDIT, LAHORE and others,
SECRETARY, EDUCATION, GOVERNMENT OF PUNJAB and others,
DIRECTOR POULTRY INSTITUTE, RAWALPINDI and others,
SUPERINTENDENT OF POLICE, LAHORE CANTT. and others,
D.I.G. POLICE SARGODHA RANGE and others,
ADDITIONAL DIRECTOR-GENERAL L.D.A. and another,
CHIEF SECRETARY, PUNJAB, CIVIL SECRETARIAT, LAHORE,
SECRETARY HOUSING, URBAN DEVELOPMENT AND PUBLIC HEALTH, ENGINEERING DEPARTMENT, PUNJAB and others,
GOVERNMENT OF PUNJAB, LAHORE through Secretary Food and others,
SECRETARY EDUCATION, GOVERNMENT OF PUNJAB and others,
CHIEF SECRETARY, PUNJAB CIVIL SECRETARIAT, LAHORE and others
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Citations |
2008 SLD 1396 = 2008 PLC 1230
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Other Citations |
Government of N.-W.F.P and others v. Farman Ali and others 2005 SCMR 774,
Secretary (Schools), Government of the Punjab and others v. Muhammad Sharif Tirmazi 2004 SCMR 74,
Tanvir Ahmed v. Chief Secretary, Government of Punjab, Lahore 2004 SCMR 647,
Government of Pakistan through Secretary, Establishment Division, Islamabad v. Muhammad Umer Morio 2005 SCMR 436,
Muhammad Younus v. Secretary, Ministry of Communications and others 1993 SCMR 122,
Zafar Yasin v. Prime Minister of Pakistan 2002 SCMR 775
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Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975
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Sections |
4(1)(b)(i)
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