| Case ID |
f04fdbde-cb3a-44a2-a202-e781fe06ef9b |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.357 of 2008 |
| Decision Date |
Jun 17, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan held that the dismissal from service of the civil servant was an extreme penalty disproportionate to his fault. Considering the unique facts and circumstances of the case, the court deemed it just to convert the dismissal order into compulsory retirement. This decision aimed to align the penalty with the principles of justice, ensuring fairness in the administrative disciplinary actions taken against the petitioner. |
| Summary |
In Civil Petition No.357 of 2008, the Supreme Court of Pakistan addressed the case of Rashid Akhtar versus the Secretary of the Ministry of Foreign Affairs, Islamabad. The petitioner, a long-serving civil servant with an unblemished record, faced dismissal due to unauthorized prolonged absence from duty after returning from an overseas posting. Despite applying for extraordinary leave and premature retirement, his absence without approved leave led to departmental proceedings under the Removal from Service (Special Powers) Ordinance (XVII of 2000), specifically Section 3. The petitioner argued that dismissal was an extreme and disproportionate penalty given his circumstances and exemplary service. The Deputy Attorney-General contended that the absence undermined service discipline and justified the dismissal. Upon reviewing the facts, the Supreme Court concluded that converting the dismissal to compulsory retirement was a more equitable resolution, ensuring that justice was served without imposing an undue penalty. This case underscores the balance between maintaining administrative discipline and ensuring fair treatment of civil servants, highlighting the judiciary's role in mitigating excessive punitive measures in public service employment disputes. Key legal principles include proportionality in disciplinary actions and the interpretation of service ordinances within the framework of justice and fairness. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Service Tribunal,
Ministry of Information and Broadcasting (External Publicity Wing),
Ministry of Foreign Affairs, Government of Pakistan,
Pakistan High Commission, U.K.
|
| Judges |
FAQIR MUHAMMAD KHOKHAR,
SYED ZAWWAR HUSSAIN,
JAFFERY,
SHEIKH HAKIM ALI
|
| Lawyers |
Not available
|
| Petitioners |
RASHID AKHTAR
|
| Respondents |
others,
SECRETARY, MINISTRY OF FOREIGN AFFAIRS, ISLAMABAD
|
| Citations |
2009 SLD 1695,
2009 SCMR 723
|
| Other Citations |
Not available
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance (XVII of 2000)
|
| Sections |
3
|