| Case ID |
1a6c388b-b7ab-434d-9819-4716aa91a27c |
| Body |
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| Case Number |
Civil Appeal No.41 of 2008 |
| Decision Date |
Jun 25, 2008 |
| Hearing Date |
Jun 04, 2008 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of Muhammad Alamzeb Khan, setting aside the dismissal from service by the Subordinate Judiciary Service Tribunal. The Court determined that the allegations against the appellant were not substantiated by direct evidence. It was concluded that the officer had been condemned unheard, facing serious allegations without the opportunity to cross-examine witnesses or present a defense. The Court emphasized that there was no incriminating evidence to support the claims of misconduct, misappropriation, or embezzlement. As a result, the Court ordered the reinstatement of the officer, noting that the previous inquiries did not establish any wrongdoing on his part. |
| Summary |
This case revolves around the reinstatement of Muhammad Alamzeb Khan, a senior judicial officer, who was dismissed from service on serious allegations including misconduct and embezzlement. The Supreme Court of Pakistan scrutinized the proceedings leading to the dismissal, emphasizing the importance of due process and the right to a fair hearing. The Court found that the charges were not proven and that the appellant was denied the opportunity to defend himself adequately. The case highlights critical aspects of judicial accountability and the protection of civil servants' rights, particularly in matters where serious allegations are made without substantial evidence. Keywords such as 'judicial accountability', 'civil service rights', 'due process', 'misconduct', and 'reinstatement' are pertinent to this case, making it relevant in discussions regarding administrative justice and legal standards in disciplinary actions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED DOGAR, C.J.,
IJAZ-UL-HASSAN KHAN,
CH. EJAZ YOUSAF, JJ
|
| Lawyers |
Syed Iftikhar Hussain Gilani,
Shoaib Shaheen,
Sh. Riazul Haq,
Qaiser Rasheed,
Raja Abdul Rehman
|
| Petitioners |
MUHAMMAD ALAMZEB KHAN
|
| Respondents |
another,
REGISTRAR, PESHAWAR HIGH COURT, PESHAWAR
|
| Citations |
2008 SLD 1841,
2008 SCMR 1406
|
| Other Citations |
Deputy Director, Food, Bahawalpur and others v. Akhtar Ali and others 1998 SCMR 597,
Inspector-General of Police, Police Headquarters Office, Karachi and 2 others v. Shafqat Mehmood 2003 SCMR 207,
Muhammad Idris Khan v. Secretary/Chairman, Ministry of Railways, Islamabad and 5 others 2006 SCMR 104,
Salman Faruqui v. Javed Burki, Authorized Officer, Secretary, Ministry of Water and Power Government of Pakistan, Islamabad and another 2007 SCMR 693,
Chairman, Syndicate University of Peshawar and another v. Dil Nawaz Khan 2007 SCMR 703
|
| Laws Involved |
North-West Frontier Province Subordinate Judiciary Service Tribunal Act,
North-West Frontier Province (Efficiency and Discipline) Rules,
North-West Frontier Province Government Servants (Conduct) Rules
|
| Sections |
5,
3,
4,
4-A(b)
|