| Case ID |
3b4f431c-c642-491e-9655-349b69ecaf71 |
| Body |
View case body. Login to View |
| Case Number |
C.P. No. 3090 of 2017 |
| Decision Date |
Oct 16, 2019 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to consider the issue of whether treating the period of absence as leave without pay amounts to a double penalty alongside dismissal. The court noted the conflicting decisions in previous cases regarding the imposition of dismissal and the treatment of absence. The court decided to hear the appeal on the existing record with allowance for additional documents from the parties. |
| Summary |
This case involves the interpretation of Article 212(3) of the Constitution of Pakistan, regarding civil service dismissals and the treatment of absence from duty. The petitioner, KAFYAT ULLAH KHAN, contested a major penalty of dismissal from service, arguing that the additional treatment of his absence as leave without pay constituted a double penalty. The Supreme Court recognized conflicting precedents on this matter and granted leave to appeal to clarify the legal position. The case underscores the complexities of civil service regulations and the principles of fairness in disciplinary actions. It highlights the judicial scrutiny of administrative decisions and the importance of consistent legal standards in public service. The decision will potentially influence future cases involving similar disciplinary issues, emphasizing the need for clarity in the application of penalties for civil servants. Keywords: civil service law, dismissal, leave without pay, Supreme Court decision, legal precedent. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
GULZAR AHMED,
MUNIB AKHTAR
|
| Lawyers |
Malik Matee Ullah,
Syed Rifaqat Hussain Shah
|
| Petitioners |
KAFYAT ULLAH KHAN
|
| Respondents |
ANOTHER,
INSPECTOR-GENERAL OF POLICE, ISLAMABAD
|
| Citations |
2020 SLD 540,
2020 PLC 212
|
| Other Citations |
Lahore Development Authority and others v. Muhammad Nadeem Kachloo and another 2006 PLC (C.S.) 294,
Imtiaz Ahmed Lali v. Returning Officer and 3 others PLD 2008 SC 355,
Water and Power Development Authority and others v. Shan Elahi 1998 SCMR 1890
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
212(3)
|