| Case ID |
42a31746-ef1f-4acd-ad72-e74abf4522ef |
| Body |
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| Case Number |
Civil Appeal No. 47 of 1966 |
| Decision Date |
Nov 29, 1966 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the Supreme Court found that the dismissal of Abdul Latif Niazi was justified based on grave misconduct. The court ruled that the procedures followed during the departmental inquiry were in accordance with law and that the absence of a personal hearing was not necessary given that Niazi had not requested one. The court emphasized that the requirement for a personal hearing is not absolute and depends on the circumstances of each case. The court reaffirmed that the evidence presented during the inquiry, even if not recorded on oath, was valid under the provisions of the Oaths Act, which allows for the saving of statements made without the administering of an oath. The court concluded that the actions of Niazi constituted serious misconduct that warranted dismissal, thus upholding the decision of the lower authorities. |
| Summary |
This case revolves around the dismissal of Abdul Latif Niazi, a junior clerk, from his position due to allegations of misconduct related to the fabrication of an order that sanctioned the write-off of a significant sum owed to the government. The Supreme Court of Pakistan ruled on the appeal Niazi filed against the refusal of the High Court to quash his dismissal. The court found that while Niazi had acted under moral obligation to assist a former teacher, his actions amounted to grave misconduct, as he facilitated the creation of a fraudulent document. The court emphasized the importance of adhering to the procedural requirements laid out in the Constitution and relevant laws, stating that while personal hearings are ideal, they are not always necessary if no request is made by the employee in question. The court dismissed the appeal, reinforcing the principle that grave misconduct, especially involving financial fraud, justifies dismissal from government service. This case highlights the balance between procedural fairness and the serious nature of misconduct within public service, particularly in the context of government employees. Keywords: misconduct, dismissal, Supreme Court, Pakistan, Oaths Act, procedural fairness, government employee. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Commissioner, Multan Division,
Deputy Commissioner, Multan,
Mr. S. M. Sajid, Superintendent of the Commissioner's office,
Hafizullah, teacher
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN,
FAZLEAKBER,
HAMOODUR RAHMAN, JJ
|
| Lawyers |
M. A. Zullah, Advocate Supreme Court,
Yaqub Hussain Zaidi, Senior Attorney for Appellant,
G. Safdar Shah, Additional Advocate General West Pakistan,
R. S. Sidhwa Advocate Supreme Court,
Ijaz Ali, Attorney
|
| Petitioners |
ABDUL LATIF NIAZI
|
| Respondents |
GOVERNMENT OF WEST PAKISTAN
|
| Citations |
1967 SLD 21,
1967 PLD 62
|
| Other Citations |
Chief Commissioner Karachi v. Dina Sohrab Katrak P L D 1959 S C (Pak.) 45,
Mohammed Sugal Esa v. The King A I R 1946 P C 3
|
| Laws Involved |
Constitution of Pakistan (1962),
Oaths Act (X of 1873)
|
| Sections |
177(1)(b),
177,
13
|