| Case ID |
2e0e79c1-739d-4593-b34c-d42489e70683 |
| Body |
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| Case Number |
Civil Petition No.2130-L of 2003 |
| Decision Date |
Jan 24, 2006 |
| Hearing Date |
Jan 24, 2006 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by the Government of Punjab against the judgment of the Punjab Service Tribunal, which had allowed the appeal of Shakeel Ahmad. The Tribunal had ruled that the 'Authority' could not review the order of the 'Authorized Officer' under Rule 2(1)(c) of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. The Supreme Court found that the Provincial Secretary's actions in directing a de novo inquiry and imposing a penalty were not aligned with the provisions of the law, particularly as the earlier penalty had not been set aside. The Court emphasized the separation of powers and the need for adherence to established procedures in disciplinary matters. |
| Summary |
This case revolves around the disciplinary proceedings against Shakeel Ahmad, who was subjected to penalties by the Government of Punjab under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. The original penalty imposed by the Authorized Officer was later reviewed by the Provincial Secretary, leading to further inquiries and a harsher penalty. The Punjab Service Tribunal ruled that the Provincial Secretary acted beyond his authority in reviewing the earlier penalty without proper procedural compliance. The Supreme Court upheld the Tribunal's decision, emphasizing the importance of rule of law and due process in administrative actions. The case highlights key aspects of civil service discipline, authority, and procedural integrity, making it significant for legal professionals and public administrators alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Punjab Service Tribunal,
GOVERNMENT OF PUNJAB,
Shakeel Ahmad
|
| Judges |
M. JAVED BUTTAR,
SYED JAMSHED ALI
|
| Lawyers |
Muhammad Riaz Lone, Advocate Supreme Court for Petitioners.,
Muhammad Zafar Ch. Advocate Supreme Court,
Haji Muhammad Rafi Siddiqui, Advocate-on-Record for Respondent.
|
| Petitioners |
GOVERNMENT OF PUNJAB through Secretary, Industries Mines and Minerals Development, Department
|
| Respondents |
SHAKEEL AHMAD
|
| Citations |
2006 SLD 2477 = 2006 SCMR 485
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975,
Constitution of Pakistan (1973)
|
| Sections |
R. 18,
Rr. 2(1)(c),
Art. 212(3)
|