| Case ID |
2b41e55f-bdfd-44f7-ae53-7644ceb735b3 |
| Body |
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| Case Number |
C.P. No. 405 and 446 of 1994 |
| Decision Date |
Mar 12, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal in the matter involving the petitioner Shahid ul Qayyum against the decision of the Federal Service Tribunal. The Tribunal had modified the penalties imposed by the departmental authority, which included a major penalty of reduction to the lowest post for three years, and several minor penalties. The Court acknowledged the petitioner's argument that the Service Tribunal had found insufficient evidence to justify the penalties. The Court also recognized that the petitioner was not allowed to cross-examine witnesses, which affected the validity of the inquiry. Thus, the decision led to the granting of leave to appeal in both petitions. |
| Summary |
In the case of C.P. No. 405 and 446 of 1994, the Supreme Court of Pakistan addressed the issue of misconduct and penalties imposed on a civil servant, Shahid ul Qayyum. The case revolved around allegations of loss of store items and the imposition of a major penalty of reduction to the lowest post for three years. The Federal Service Tribunal had modified the original penalties, reducing them to stoppage of increments. The main contention was whether the petitioner was directly responsible for the alleged misconduct. The Court considered the Tribunal's findings that the air-conditioner in question was installed in the office and that the petitioner did not obtain the necessary approvals. Furthermore, the Court noted that the petitioner was denied the opportunity to cross-examine witnesses, which raised concerns about the fairness of the inquiry. The decision highlighted the importance of due process in administrative proceedings. The case serves as a critical reference for similar issues of misconduct and administrative penalties, emphasizing the necessity of proper evidence and the rights of individuals to defend themselves in such proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
FEDERATION OF PAKISTAN,
,
Economic Affairs and Statistics Division
|
| Judges |
ZIA MAHMOOD MIRZA,
IRSHAD HASAN KHAN
|
| Lawyers |
Deputy Attorney General for Pakistan,
Ch. Akhtar Ali, Advocate-on-Record,
|
| Petitioners |
,
SHAHIDUL QAYYUM
|
| Respondents |
,
FEDERATION OF PAKISTAN through Secretary, Economic Affairs and Statistics Division, Government of Pakistan, Islamabad
|
| Citations |
1996 SLD 356,
1996 PLC 195
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 212(3)
|