| Case ID |
1edf40e7-e159-4578-97f5-e552b69ccaa7 |
| Body |
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| Case Number |
Civil Appeals Nos. 312 and 313 of 1993 |
| Decision Date |
Nov 15, 1993 |
| Hearing Date |
Nov 15, 1993 |
| Decision |
The Supreme Court of Pakistan dismissed the appeals filed by Nawab Khan and another against the decisions of the Federal Service Tribunal. The Court ruled that the major punishments imposed upon the appellants, namely compulsory retirement and dismissal, were valid and did not require a formal inquiry because the charges of misconduct were based on admitted facts. The Court emphasized that the discretion granted to the Authorised Officer under Rule 5(1)(iii) allows for the possibility of dispensing with a full inquiry when the misconduct is clear and well-documented. The Court referenced previous cases to support the decision, establishing that in instances where the facts are undisputed, a regular inquiry may not be necessary. Therefore, the appeals were found to have no merit and were dismissed without any order as to costs. |
| Summary |
In the Supreme Court of Pakistan case concerning Civil Appeals Nos. 312 and 313 of 1993, the court addressed significant issues regarding the imposition of major penalties on civil servants without conducting formal inquiries. The appellants, Nawab Khan and another, faced compulsory retirement and dismissal due to misconduct, which included bypassing normal channels of communication and using derogatory language against superiors. The Court underscored that such disciplinary actions could be valid without a full inquiry if the charges were based on clear evidence and admitted facts. This ruling aligns with the provisions of the Constitution of Pakistan and the Government Servants (Efficiency and Discipline) Rules, 1973, particularly Rule 5(1)(iii), which provides discretion to the Authorised Officer in disciplinary proceedings. The case highlights the balance between the rights of civil servants to fair defense and the authority of government officials to maintain discipline within their ranks. The decision has implications for future disciplinary actions within government service, emphasizing the importance of evidence and the context of misconduct. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
NASIM HASAN SHAH, C.J.,
SHAFIUR RAHMAN,
ABDUL QADEER CHAUDHRY,
AJMAL MIAN,
FAZAL ILAHI KHAN, JJ
|
| Lawyers |
Imtiaz Muhammad Khan, Advocate on Record for Appellants (in both the Appeals),
Mumtaz Ali Mirza, Deputy Attorney General,
Ch. Akhtar Ali, Advocate on Record for Respondents (in both the Cases)
|
| Petitioners |
another,
NAWAB KHAN
|
| Respondents |
others,
GOVERNMENT OF PAKISTAN through Secretary, Ministry of Defence, Rawalpindi
|
| Citations |
1994 SLD 648 = 1994 PLC 323
|
| Other Citations |
Nsir Said v. WAPDA through its Chairman and another PLD 1987 SC 421,
The Deputy Inspector General of Police, Lahore and others v. Anis ur Rehman Khan PLD 1985 SC 134,
Muhammad Saleem Akhtar v. The Director, Food, Punjab, Lahore and another 1987 SCMR 829,
Deputy Postmaster General (PS), Metropolitan Circle, Karachi and 2 others 1990 SCMR 347,
Alamgir v. Divisional Forest Officer, Multan and others 1993 SCMR 603,
Government of Sindh and others v. Saiful Haq Hashmi and others 1993 SCMR 956,
Javid Akhtar v. Secretary, Ministry of Interior, Government of Pakistan, Islamabad and others 1991 SCMR 140
|
| Laws Involved |
Constitution of Pakistan (1973),
Government Servants (Efficiency and Discipline) Rules, 1973
|
| Sections |
Art. 212(3),
R. 5(1)(iii)
|