| Case ID |
d48a2104-89cf-4ecf-b993-1e97a8e06d00 |
| Body |
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| Case Number |
Civil Appeal No.23 of 1987 |
| Decision Date |
Mar 04, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the decision of the Service Tribunal, affirming the penalty imposed on the appellant for absence from duty. The Court ruled that the failure to supply a copy of the Enquiry Report did not vitiate the penalty as the principles of natural justice were observed. The appellant's absence was deemed a serious breach of discipline, justifying the punishment imposed. The Court dismissed the appeal, concluding that the procedural requirements were adequately met and that the penalty was not harsh or unjustified. |
| Summary |
In the landmark case of Civil Appeal No.23 of 1987, the Supreme Court of Pakistan addressed critical issues surrounding government servant discipline and natural justice. The case centered on Muhammad Ikram Shah, who faced disciplinary action for unauthorized absence from his duties. The appellant contended that he was not provided with the Enquiry Report, which he argued compromised his ability to defend himself. However, the Court ruled that the absence of this report did not invalidate the proceedings, as the principles of natural justice were upheld. The ruling emphasized the importance of informing superiors regarding leave and maintaining discipline within government services. This case sets a precedent for future decisions involving similar issues of civil servant conduct, highlighting the balance between procedural fairness and the necessity of maintaining discipline in public service. Keywords: government servant discipline, natural justice, Supreme Court of Pakistan, procedural fairness, civil servants. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Shafiur Rahman,
Abdul Qadeer Chaudhry,
Rustam S. Sidhwa
|
| Lawyers |
Abdul Hakeem Khan, Senior Advocate Supreme Court,
Manzoor Ilahi, Advocate-on-Record,
Muhammad Afzal Siddiqi, Advocate-on-Record for Respondents
|
| Petitioners |
Muhammad Ikram Shah
|
| Respondents |
another,
Member (Customs), Central Board of Revenue
|
| Citations |
1990 SLD 1208,
1990 SCMR 1701
|
| Other Citations |
Syed Mir Muhammad v. N.-W.F.P. Government through Chief Secretary P L D 1981 SC 176,
Collector, Sahiwal and 2 others v. Muhammad Akhtar 1971 S C M.R 681,
Muhammad Ishaq v. Dr. Saiduddin Swaleh P L D 1959 Kar. 669,
Charsaddah Sugar Mills Ltd. v. Government of Pakistan P L D 1971 Pesh. 210,
The Commissioner of Income-tax, East Pakistan v. Fazlur Rahman P L D 1964 SC 410,
Abdul Latif Niazi v. Government of West Pakistan P L D 1967 SC 62,
Mansab Ali v. Amir P L D 1971 SC 124
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973,
Constitution of Pakistan (1973),
Civil Servants Act (LXXI of 1973)
|
| Sections |
4,
212(3),
18
|