| Case ID |
38173d62-dbaa-45e9-a60d-21e1b6da7463 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.349-L of 2002 |
| Decision Date |
Apr 16, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan set aside the orders of the Punjab Service Tribunal and the Special Secretary, Education (Schools) regarding the imposition of a penalty on the petitioner, BASHARAT ALI. The court found that the Special Secretary did not have the lawful authority to impose such a penalty on an officer in Grade-17. The case was remanded for further proceedings by the competent authority, which is the Secretary of Education, who is the head of the department as per the law. The decision reinforces that proper authority must be exercised in disciplinary matters, ensuring adherence to legal protocols and protecting the rights of civil servants. |
| Summary |
This case revolves around the disciplinary actions taken against BASHARAT ALI, a civil servant in Grade-17, by the Special Secretary of Education (Schools). The imposition of a penalty was challenged on the grounds that the Special Secretary lacked the authority to impose such a penalty. The Supreme Court of Pakistan emphasized the importance of lawful authority in administrative decisions, particularly in disciplinary proceedings. The court's decision to remand the case for further consideration by the competent authority highlights the necessity of following proper legal procedures. This case serves as a significant reference for civil service law and administrative justice in Pakistan, ensuring that civil servants' rights are safeguarded against unauthorized actions by departmental authorities. Keywords include 'disciplinary proceedings', 'civil servant rights', 'administrative justice', and 'legal authority'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHEIKH,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
VAIZ INAYAT MALIK,
TANVIR AHMED,
SHABBAR RAZA RIZVI,
HASAN NAWAZ TARRAR
|
| Petitioners |
BASHARAT ALI
|
| Respondents |
GOVERNMENT OF THE PUNJAB
|
| Citations |
2003 SLD 705,
2003 SCMR 1718
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1999,
Punjab Service Tribunals Act (IX of 1974),
Constitution of Pakistan (1973)
|
| Sections |
4,
4,
212(3)
|