| Case ID |
ed4a11f1-b5b5-4c49-bc9e-ad0e19aeb202 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 624-L of 19 |
| Decision Date |
Nov 14, 1995 |
| Hearing Date |
|
| Decision |
The petitioner, Khalid Siddique, was serving as an Excise and Taxation Officer in Bahawalnagar, where he was accused of improperly reducing the seating capacity of a bus to lower the owner's tax liability. Following departmental proceedings, a penalty of a three-stage reduction in time scale was imposed. The petitioner sought a review, which was unsuccessful, leading to an appeal to the Provincial Service Tribunal. The Tribunal's Bench, composed of the Chairman and one Member, heard the case, but the Member retired before the judgment was announced. The Chairman subsequently altered the penalty to a one-stage reduction only. The Supreme Court granted leave to appeal to assess whether the Chairman could deliver a judgment alone after the case was heard by a two-member Bench and whether the Tribunal was obligated to specify the duration of the penalty. The court found merit in examining these contentions further, thus allowing the appeal to proceed. |
| Summary |
In this case, Khalid Siddique, an Excise and Taxation Officer, faced allegations of misconduct for allegedly misrepresenting a bus's seating capacity to evade tax liabilities. After being penalized by a reduction in his time scale, he sought a review and subsequently appealed to the Provincial Service Tribunal. The Tribunal's decision, which was partially favorable, led to questions about the legality of the Chairman's solo judgment after a two-member hearing and the requirement to specify penalty durations. This case highlights critical issues of administrative law, the authority of tribunal members, and the procedural integrity within civil service disciplinary actions. The Supreme Court's decision to grant leave for appeal underscores the importance of ensuring fair and just processes in civil service matters, particularly regarding penalties for misconduct, which may have broader implications for public administration and employee rights in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAAD SAOOD JAN,
MUHAMMAD ILYAS
|
| Lawyers |
Not available
|
| Petitioners |
KHALID SIDDIQUE
|
| Respondents |
2 others,
SECRETARY, EXCISE AND TAXATION DEPARTMENT, PUNJAB, LAHORE
|
| Citations |
1996 SLD 634 = 1996 PLC 672
|
| Other Citations |
Rafi-ud-Din v. Member, Board of Revenue 1995 PLC (C.S.) 111,
Abdul Rehman v. Inspector-General of Police PLD 1995 SC 546 = 1995 PLC (C.S.) 1191
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974),
Fundamental Rules,
Constitution of Pakistan (1973)
|
| Sections |
3(3),
3-A,
4(2)(a),
F.R. 29,
Art. 212(3)
|