| Case ID |
d692b3e9-96a4-4644-b108-c004dd581bfb |
| Body |
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| Case Number |
C.A. No. 324 of 2020 |
| Decision Date |
Jul 30, 2020 |
| Hearing Date |
Jul 30, 2020 |
| Decision |
The Supreme Court of Pakistan ruled in favor of the appellants, setting aside the decision of the Punjab Service Tribunal that had modified the major penalty of compulsory retirement into withholding of one increment for one year. The Court found that the Tribunal had failed to provide adequate reasoning for its conclusions and had adopted a defective procedure in its assessment of the case. The Court emphasized the seriousness of the offense of accepting illegal gratification and reiterated that such acts warrant severe penalties, including dismissal from service. The appeal was allowed, and the original penalty was upheld. |
| Summary |
In the case of C.A. No. 324 of 2020, the Supreme Court of Pakistan addressed the appeal from the District Police Officer, Mianwali against the Punjab Service Tribunal's decision that reduced a major penalty for accepting bribes. The Court found significant procedural issues with the Tribunal's handling of the case, which lacked proper reasoning and demonstrated a misunderstanding of the law regarding illegal gratification. This case underscores the importance of strict adherence to legal and procedural standards in disciplinary matters involving civil servants, particularly in cases of corruption. The ruling reinforces the notion that accepting bribes is a serious offense that cannot be treated lightly, and the Court's decision serves as a precedent to deter similar misconduct in the future. Key legal principles highlighted include the necessity for thorough investigations and the proper application of penalties commensurate with the gravity of the offense. The judgment reiterates the Court's commitment to maintaining integrity within public service and the legal system, ensuring that those in positions of authority are held accountable for their actions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Ijaz Ul Ahsan,
Yahya Afridi
|
| Lawyers |
Barrister Qasim Ali Chohan,
Zaka Ullah,
Mr. Muhammad Bashir Khan,
Syed Rafaqat Hussain Shah
|
| Petitioners |
Another,
District Police Officer, Mianwali
|
| Respondents |
Muhammad Hanif
|
| Citations |
2021 SLD 477,
2021 PLJ 86
|
| Other Citations |
1991 SCMR 2093,
1995 SCMR 37,
1996 SCMR 687,
2001 SCMR 83,
2007 PLC (CS) 1284,
2008 SCMR 1265,
2014 SCMR 1169
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
21(3)
|