| Case ID |
d70a7cd4-3238-4819-ae01-8861b32b7f6a |
| Body |
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| Case Number |
Civil Appeals No.1781 and 1782 of 2001 |
| Decision Date |
Oct 11, 2005 |
| Hearing Date |
Oct 11, 2005 |
| Decision |
The Supreme Court of Pakistan set aside the judgment of the Federal Service Tribunal which had reinstated Asif Ali without back benefits. The court held that the findings of the Tribunal were based on a misconception of law, failing to distinguish between misconduct and criminal misconduct. The court emphasized that the standard of evidence in departmental proceedings is different from that in criminal cases. The acquittal in the criminal case did not exonerate the respondent from charges of misconduct under the Government Servants (Efficiency and Discipline) Rules, 1973. The court ruled that the misconduct involved allegations of corruption and misuse of office for personal gain, supported by direct evidence. Therefore, the order of dismissal from service was reinstated, and the appeal was allowed. |
| Summary |
This case revolves around the legal complexities of misconduct and criminal charges against a civil servant, Asif Ali, who faced allegations of financial irregularities during his tenure at the National Savings Centre. The Supreme Court of Pakistan examined whether the Federal Service Tribunal's decision to reinstate Ali, based on his acquittal from criminal charges, was justified. The court highlighted that the definitions and standards of evidence for misconduct in government service differ significantly from those applied in criminal proceedings. This distinction is crucial in understanding the implications of departmental sanctions versus criminal acquittals. The court ultimately ruled that the Tribunal erred in its judgment, leading to the reinstatement of the original dismissal order against Ali, thereby reinforcing the integrity of public service misconduct investigations. The case underscores the importance of clear legal definitions and the proper application of laws governing public servants, emphasizing accountability within government institutions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Pakistan,
Federal Service Tribunal,
National Savings Centre
|
| Judges |
MUHAMMAD NAWAZ BHATTI,
MIAN SHAKIRULLAH
|
| Lawyers |
Raja Muhammad Irshad, D.A.-G.,
Ch. Akhtar Ali, Advocate-on-Record
|
| Petitioners |
GOVERNMENT OF PAKISTAN through Secretary M/o Finance and others
|
| Respondents |
ASIF ALI and others
|
| Citations |
2006 SLD 2604,
2006 SCMR 1005
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Government Servants (Efficiency and Discipline) Rules, 1973,
Criminal Procedure Code (V of 1898)
|
| Sections |
Art. 212(3),
Rr. 2(a) & 5(1)(ii),
S.265-K
|