| Case ID |
1a090db1-c35f-461b-93d1-b704353191cf |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 460 |
| Decision Date |
Dec 14, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal on the grounds that the questions raised were purely of law and required authoritative interpretation. The court scrutinized the application of Civil Service Rules and the implications of the petitioner's acquittal by the High Court. The court's decision highlighted the need for a proper inquiry as per the Efficiency and Discipline Rules, emphasizing that the removal from service was not justified based solely on the conviction that was later appealed. The petitioner's legal representation argued against the application of specific rules that were invoked for the removal, which the court acknowledged as requiring further examination. |
| Summary |
This case involved Muhammad Sardar Khan, who was removed from his position as an Assistant in the Board of Revenue after being convicted under the Prevention of Corruption Act. His conviction was later overturned by the High Court, leading him to appeal against his dismissal. The Supreme Court examined the legality and implications of the Civil Service Rules and Efficiency and Discipline Rules as applied in his case. The court found that the issues raised were significant and warranted a comprehensive legal interpretation. This case emphasizes the importance of procedural fairness and the necessity of a proper inquiry before punitive actions can be justified against public servants. The decision highlights the intersection of criminal law and administrative justice, showcasing the complexities involved in cases of corruption and the protections afforded to government employees under the law. The ruling serves as a precedent for similar cases, reinforcing the legal standards that must be met before an employee can be dismissed based on criminal convictions that are under appeal. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Mushtaq Hussain,
Shafiur Rehman
|
| Lawyers |
Sh. Masud Akhtar
|
| Petitioners |
Muhammad Sardar Khan
|
| Respondents |
Senior Member (Establishment) Board of Revenue, Punjab, Lahore
|
| Citations |
1982 SLD 365,
1982 SCMR 520
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Service Rules (Punjab), Vol. I, Part I,
Government Servants (Efficiency and Discipline) Rules, 1973
|
| Sections |
R. 7.3,
r. 9(a)
|