| Case ID |
ea39bd62-e4ef-4063-8bd8-9e252ce107ee |
| Body |
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| Case Number |
Civil Appeal No. 378 of 1990 |
| Decision Date |
Apr 22, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the decision of the Punjab Service Tribunal, which set aside the penalty of removal from service imposed on the respondent, Abdul Aziz Qureshi. The Court found that the basis for the removal was flawed as the respondent had been acquitted in the case that was under trial. The Tribunal noted that the adverse entries in the respondent's Annual Confidential Reports had already been set aside. Therefore, the appeal was rightly allowed, and the judgement of the Service Tribunal was maintained. The Court dismissed the appeal with no order as to costs. |
| Summary |
This case revolves around the removal of Abdul Aziz Qureshi, a civil servant, from his position after 25 years of service. The Supreme Court of Pakistan reviewed the decision made by the Punjab Service Tribunal which had set aside the removal order. The Tribunal's decision was based on the fact that the recommendation for removal was fundamentally undermined by the respondent's acquittal in a case that was previously under trial. The Court emphasized that the allegations against the respondent were spurred by personal vendettas from former employees, and that the basis for removal was therefore invalid. This case highlights the importance of due process and fairness in administrative actions against civil servants, ensuring that decisions are not based on flawed or insufficient grounds. The ruling reaffirms the principles of justice and the protection of civil servants from arbitrary actions. Keywords: Civil Servants Act, Supreme Court, Punjab Service Tribunal, administrative justice, due process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAAD SAOOD,
JAN,
ABDUL SHAKURUL SALAM,
MUHAMMAD RAFIQ TARAR
|
| Lawyers |
Gulzar Ahmad Qureshi, Advocate Supreme Court,
Rap Muhammad Yousaf Khan, Advocate-on-Record,
Rana MA. Qadri, Advocate-on-Record,
Shamim Abbas Bukhari, Advocate Supreme Court
|
| Petitioners |
PROVINCE OF THE PUNJAB
|
| Respondents |
ABDUL AZIZ QURESHI
|
| Citations |
1994 SLD 693,
1994 PLC 423
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974),
Constitution of Pakistan (1973)
|
| Sections |
12(ii),
Art 212
|