| Case ID |
eb5c854f-3da0-49ce-83b9-9244d0a8b6c4 |
| Body |
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| Case Number |
Civil Appeal No.717 of 2007 |
| Decision Date |
Apr 14, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to examine whether the Service Tribunal had justifiably condoned the delay of 4 years in filing the appeal and whether the Tribunal was correct in concluding that the absence of the civil servant for 5 years could be excused. The Court determined that the Tribunal's decision to condone the delay was reasonable given the circumstances, including the civil servant’s prolonged absence due to humanitarian reasons. The Court upheld the Tribunal's ruling that the extreme penalty of dismissal was not appropriate for the nature of the charge, converting it instead to a stoppage of increments for two years. The Supreme Court emphasized the importance of substantial justice and the necessity of a fair inquiry in departmental proceedings, ultimately dismissing the appeal by the Central Board of Revenue. |
| Summary |
In the case of Civil Appeal No.717 of 2007, the Supreme Court of Pakistan addressed the issue of a civil servant's prolonged absence from duty and the subsequent disciplinary actions taken against him. The case stemmed from the appeal of Shafiq Muhammad, who was dismissed from service after a series of absences that spanned over 12 years, with only 7 years being adequately explained. The Tribunal had initially reduced his dismissal to a lesser penalty and the Supreme Court had to decide on the legality of this decision. The Court found that the absence was not willful but rather a result of humanitarian circumstances, thus justifying the Tribunal's discretion in condoning the delay in filing the appeal and modifying the penalty. This case underscores significant legal principles surrounding employee rights, disciplinary actions, and the importance of fair inquiry processes within government service. The focus on substantial justice in administrative law is highlighted, reflecting current trends in labor rights and administrative justice. Keywords include 'government service', 'disciplinary action', 'employee rights', 'substantial justice', and 'administrative law'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NAWAZ ABBASI,
IJAZ-UL-HASSAN KHAN,
MIAN HAMID FAROOQ
|
| Lawyers |
Raja, Muhammad Bashir, Advocate Supreme Court,
Arshad Ali Chaudhry, Advocate-on-Record,
Muhammad Akram Sheikh, Senior Advocate Supreme Court,
M.S. Khattak, Advocate-on-Record
|
| Petitioners |
CENTRAL BOARD OF REVENUE through Chairman/ Secretary, Revenue Division
|
| Respondents |
another,
SHAFIQ MUHAMMAD
|
| Citations |
2008 SLD 1910,
2008 SCMR 1666
|
| Other Citations |
Nawab Khan v. Government of Pakistan PLD 1994 SC 222,
Secretary, Government of the Punjab v. Riaz-ul-Haq 1997 SCMR 1552,
Basharat Ali v. Director Excise and Taxation 1997 SCMR 1543,
Managing Director, S.S.G.C. Ltd. v. Ghulam Abbas PLD 2003 SC 724,
Chief Engineer (North) v. Saifullah Khan Khalid 1995 SCMR 776,
Mst. Hajran v. Sardar Muhammad PLD 1970 SC 287,
Water and Power Development Authority v. Aurangzeb 1988 SCMR 1354,
Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan and another PLD 1970 SC 139,
Nawaz Khan and another v. Government of Pakistan through Secretary, Ministry of Defence, Rawalpindi and others PLD 1994 SC 22
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973,
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
5(1)(iii),
4(1)(a),
5,
212(3)
|