| Case ID |
d32a9a32-8547-4c9c-a81c-d4c279baa2f1 |
| Body |
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| Case Number |
Civil Appeal No. 130 of 2021 |
| Decision Date |
Jun 08, 2021 |
| Hearing Date |
Jun 08, 2021 |
| Decision |
The Supreme Court of Pakistan partly allowed the appeal, modifying the penalty imposed on the appellant from dismissal from service to removal from service. The court found that the enhancement of the penalty was not sustainable in law, especially considering the appellant's length of service and the hardship already suffered. The court emphasized that while the Inquiry Officer recommended removal from service, the competent authority had imposed a harsher penalty of dismissal without sufficient justifiable reasoning. The judgment underscores the principle that the penal consequences should be commensurate with the misconduct and that due process must be observed in disciplinary proceedings. |
| Summary |
In the case of Tasawar Hussain vs. Deputy Commissioner District Jhelum, the Supreme Court of Pakistan addressed the issue of willful absence from duty under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006. The appellant, a Chowkidar, absconded during an ongoing criminal case and was subsequently dismissed from service after a lengthy absence without informing his department. The court analyzed the legal standards for imposing penalties based on the law's provisions, highlighting the difference in consequences between removal and dismissal. It was determined that the dismissal was excessively punitive given the circumstances, leading to a modification of the penalty. The case reflects on the necessity of adhering to procedural fairness in disciplinary actions and the importance of providing judiciable reasoning when enhancing penalties. This case is significant in establishing precedents regarding employee rights and the balance between authority and justice in public service contexts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MAZHAR ALAM KHAN MIANKHEL,
SAYYED MAZAHAR ALI AKBAR NAQVI
|
| Lawyers |
Khawaja Muhammad Arif,
Syed Rifaqat Hussain Shah,
Barrister Qasim Ali Chohan,
Mirza Muzafar Baig
|
| Petitioners |
Tasawar Hussain
|
| Respondents |
Others,
Deputy Commissioner District Jhelum
|
| Citations |
2021 SLD 1667,
2021 SCMR 1367
|
| Other Citations |
National Bank of Pakistan v. Zahoor Ahmed 2021 SCMR 144,
Secretary Government of Punjab v. Ikramullah 2013 SCMR 572,
Shibli Farooqui v. Federation of Pakistan 2009 SCMR 281
|
| Laws Involved |
Punjab Employees Efficiency, Discipline and Accountability Act, 2006
|
| Sections |
4(1)(b)(v),
4(1)(b)(vi),
10(6),
13,
13(5)(ii)
|