| Case ID |
2afb8d50-92f2-408e-b1be-fdf4b0c5fe03 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No.1128 of 1997 |
| Decision Date |
Apr 02, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted the petition under Article 212(3) against the judgment of the Federal Service Tribunal, which had dismissed the appeal regarding adverse remarks in the Annual Confidential Report (A.C.R.) of the petitioner for the year 1995. The Court directed the Secretary of the Ministry of Defence to ensure that disciplinary proceedings initiated against the petitioner were completed expeditiously, within 60 days. The petition was converted into an appeal, and the adverse remarks in the A.C.R. would be subject to the final outcome of the disciplinary proceedings. |
| Summary |
This case revolves around the efficiency and discipline of government servants under the 1973 rules and the constitutional provisions regarding service matters. The Supreme Court addressed the issue of adverse remarks in the A.C.R. of a civil servant, affirming that such remarks could only be upheld following the completion of disciplinary proceedings. The decision emphasized the need for timely resolution of such matters, thereby protecting the rights of civil servants while ensuring accountability. The ruling is significant in the context of administrative law and civil service regulations, providing clarity on the procedural aspects of handling adverse remarks and disciplinary actions. This case is crucial for lawyers, advocates, and legal professionals dealing with public service law and discipline-related cases. Keywords include Government Servants, Efficiency and Discipline, Annual Confidential Report, Supreme Court of Pakistan, and Disciplinary Proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IRSHAD HASAN KHAN,
SH. IJAZ NISAR
|
| Lawyers |
Raja Muhammad Bashir,
Mehr Khan Malik,
Maulvi Anwarul Haq
|
| Petitioners |
MUHAMMAD AZHAR MALIK
|
| Respondents |
another,
THE DIRECTOR, FEDERAL GOVERNMENT EDUCATIONAL INSTITUTION (C&G) DIRECTORATE, RAWALPINDI CANTT.
|
| Citations |
1998 SLD 969,
1998 SCMR 2742
|
| Other Citations |
Not available
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973,
Constitution of Pakistan (1973)
|
| Sections |
R. 4,
Art. 212(3)
|