| Case ID |
206a39fa-4856-47b9-8157-84d3883929ff |
| Body |
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| Case Number |
Civil Appeal No. 97-K of 2016 |
| Decision Date |
Nov 30, 2017 |
| Hearing Date |
Nov 20, 2017 |
| Decision |
The Supreme Court dismissed the appeal challenging the order of the Federal Service Tribunal which upheld the punishment of 89 days rigorous imprisonment for the appellant, who was found guilty of embezzlement while working at a petrol station owned by the Pakistan Rangers. The court noted that the appellant was given ample opportunity to defend himself and that the charge of misappropriation was substantiated through multiple inquiries. The court further clarified that the 'No Demand Certificate' issued to the appellant was not related to any embezzlement claims but rather a standard clearance required for transfer within the army. Consequently, the court found no question of law of public importance warranting interference and upheld the punishment as justified. |
| Summary |
In this case, the Supreme Court of Pakistan deliberated on a civil appeal regarding the punishment imposed on an employee of the Pakistan Rangers for financial misappropriation. The appellant, who served as a clerk at a petrol station, was charged with embezzling funds and subsequently sentenced to 89 days of rigorous imprisonment. The court examined the evidence presented across various forums and concluded that the appellant had been provided a fair chance to present his defense during the inquiry. The ruling emphasized the importance of procedural fairness in administrative disciplinary actions. The court dismissed the appeal, reinforcing the integrity of the previous findings and the necessity for accountability in public service. Notably, the decision highlighted the legal principles surrounding administrative justice and the enforcement of disciplinary measures within military frameworks. This case serves as a precedent for future cases involving embezzlement and the rights of employees in disciplinary proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Rangers
|
| Judges |
GULZAR AHMED,
SAJJAD ALI SHAH,
ASAD IQBAL
|
| Lawyers |
Salim Salam Ansari,
Ghulam Qadir Jatoi,
Sanaullah Noor Ghori,
Mazhar Ali B. Chohan,
Zafar Mehmood
|
| Petitioners |
|
| Respondents |
PAKISTAN RANGERS SINDH AND OTHERS
|
| Citations |
2018 SLD 695,
2018 SCMR 798
|
| Other Citations |
Akbar Khan v. Federation of Pakistan (2002 SCMR 684),
Muhammad Boota v. Director General Ordnance Services, General Headquarters, Rawalpindi (2006 SCMR 1452),
Fida Hussain v. Director Food, Punjab and others (2004 SCMR 62)
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
212(3)
|