| Case ID |
159965e8-b4ea-4c55-ba11-f9438f0359cf |
| Body |
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| Case Number |
Civil Petition No.207-L of 2001 |
| Decision Date |
Aug 30, 2004 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the penalty imposed on the petitioner for the alleged recovery of loss was not sustainable in law. The Inquiry Officer had found that the charge of loss to the government was not established, and the higher authorities failed to provide justifiable reasons for imposing the penalty. The court emphasized the necessity of adhering to principles of natural justice, specifically the right to be heard, which was violated in this case. As a result, the court converted the petition for leave to appeal into an appeal, set aside the orders of the Service Tribunal and the departmental authorities, and directed the authorities to refund the amount deducted from the petitioner's pensionary benefits. |
| Summary |
In the case of Allah Bakhsh Foodgrain Supervisor (Retd.) vs. Director Food, Punjab, Lahore, the Supreme Court examined the validity of penalties imposed under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. The petitioner, a retired food grain supervisor, was accused of causing a loss of wheat stock amounting to 242.785 tons. However, the Inquiry Officer found no substantial evidence to support the charges, which led to a recommendation against recovery. Despite this, the higher authorities ordered a recovery of Rs. 255,601.04 from the petitioner's pension, citing procedural remand errors and a lack of opportunity for the petitioner to defend himself. The court reinforced the importance of fair hearings and the principle of 'audi alteram partem', ultimately ruling in favor of the petitioner and ordering the refund of the deducted amount. This case highlights critical aspects of administrative justice and the enforcement of civil service regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Food Department,
Punjab Service Tribunal
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
TASSADDUQ HUSSAIN JILLANI
|
| Lawyers |
Hafiz Tariq Naseem, Advocate Supreme Court,
Tanvir Ahmed, Advocate-on-Record,
Aziz Ahmed Chughtai, Advocate Supreme Court,
Rao M. Yousaf Khan, Advocate-on-Record
|
| Petitioners |
ALLAH BAKHSH FOODGRAIN SUPERVISOR (Retd.)
|
| Respondents |
others,
DIRECTOR FOOD, PUNJAB, LAHORE
|
| Citations |
2007 SLD 1845,
2007 PLC 243
|
| Other Citations |
Zafar Ali v. Deputy Director Food, Multan Region 1982 SCMR 1864
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975
|
| Sections |
4(b),
8
|