| Case ID |
3b067731-c642-40e5-b27d-4c29697bb3d7 |
| Body |
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| Case Number |
Service Appeals Nos. 29, 31, 32, 34, 36, 37, 38, 4 |
| Decision Date |
May 18, 2019 |
| Hearing Date |
Apr 13, 2019 |
| Decision |
The Tribunal dismissed the appeals of the judicial officers, who were removed from service due to persistent adverse remarks regarding their integrity and conduct. The ruling emphasized that judicial officers must maintain an unblemished reputation, and consistent communication of adverse remarks can be sufficient for disciplinary action without the necessity of a formal inquiry. The Tribunal upheld that the competent authority acted within its rights under the Efficiency and Discipline Rules, 2011, and the evidence of persistent corruption and misconduct warranted the major penalties imposed. |
| Summary |
This case involves the dismissal of multiple judicial officers by the Subordinate Judiciary Service Tribunal, Punjab, due to allegations of corruption and misconduct. The Tribunal's decision highlights the importance of integrity in the judiciary, asserting that repeated adverse remarks can justify disciplinary actions without a formal inquiry. The case references the Khyber Pakhtunkhwa Government Servants (Conduct) Rules and the Efficiency and Discipline Rules, which provide the framework for maintaining standards of conduct among government servants, including judicial officers. The ruling underscores that the judiciary must uphold a high standard of integrity, reflecting the critical role of judges in maintaining public trust. The decision cited several precedents and legal provisions, reinforcing the notion that judicial officers are held to a higher standard than ordinary civil servants. Keywords include 'judicial integrity', 'disciplinary action', 'government servants', 'corruption in judiciary', and 'Khyber Pakhtunkhwa rules'. |
| Court |
Subordinate Judiciary Service Tribunal, Punjab
|
| Entities Involved |
Peshawar High Court,
Khyber Pakhtunkhwa Government
|
| Judges |
Ijaz Anwar,
Lal Jan Khattak,
Abdul Hakeem Hashmi
|
| Lawyers |
Muhammad Shoaib Shaheen,
Muhammad Zafar Tahirkheli,
Abdul Latif Afridi,
Syed Haziq Ali Shah,
Mian Hikmatullah Jan,
Qazi Jawad Ihsan Ullah,
Ghulam Mohy-ud-Din Malik,
Muhammad Ibrahim Khan,
Ahmad Yar Khan,
Khalid Rehman
|
| Petitioners |
Muhammad Shoaib Shaheen,
Muhammad Zafar Tahirkheli,
Abdul Latif Afridi,
Syed Haziq Ali Shah,
Mian Hikmatullah Jan,
Qazi Jawad Ihsan Ullah,
Ghulam Mohy-ud-Din Malik,
Muhammad Ibrahim Khan,
Ahmad Yar Khan,
Khalid Rehman,
Abdul Hakeem Hashmi
|
| Respondents |
Peshawar High Court, Peshawar through Registrar and others
|
| Citations |
2020 SLD 2347,
2020 PLC 1100
|
| Other Citations |
2015 PLC (C.S.) 239,
2015 PLC (C.S.) 173-191,
2007 SCMR 1786,
2010 SCMR 1392,
PLD 1986 SC 162,
2004 PLC (C.S.) 1558,
2009 SCMR 412,
2007 SCMR 1389,
2007 SCMR 1726,
2006 SCMR 106,
2003 SCMR 681,
2008 SCMR 1362,
2007 SCMR 1643,
2015 PLC (C.S.) 868,
2001 SCMR 1161,
2009 SCMR 1169,
PLD 2004 SC 222,
2014 PLC (C.S.) 1244,
PLD 2015 SC 360,
PLD 1985 SC 134,
1993 SCMR 956,
PLD 1977 Kar. 582
|
| Laws Involved |
Khyber Pakhtunkhwa Government Servants (Conduct) Rules, 1987,
Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules, 2011,
Khyber Pakhtunkhwa Judicial Service Rules, 2001
|
| Sections |
4(1),
4(1)(b)(iii),
5(1)(a),
7,
2(f)(g)(l),
4
|