| Case ID |
f6376df1-053a-4b4c-a73f-03148c6077ba |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 342 of 1994 |
| Decision Date |
Jan 16, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused leave to appeal in the case of Muhammad Sharif Toor against the Federal Service Tribunal's decision. The court found no infirmity in the Tribunal's judgment, which upheld the imposition of a major penalty of reduction in rank from Inspector to F.I.O. The petitioner claimed unfair treatment compared to Amjad Pervaiz Butt but failed to demonstrate that the charges against him were indistinguishable from those against Butt. The court noted that the Tribunal's findings were valid and that the petitioner had not raised objections during the hearing. Consequently, the petitioner's appeal was dismissed. |
| Summary |
In the case of Muhammad Sharif Toor, the Supreme Court of Pakistan addressed issues related to civil service penalties under the Constitution of Pakistan, 1973. The petitioner challenged the Federal Service Tribunal's decision that upheld his reduction in rank due to allegations of misconduct involving narcotics. The court examined the distinctions between the petitioner's case and that of another civil servant, Amjad Pervaiz Butt, who was reinstated. The Supreme Court emphasized the importance of procedural fairness and the need for clear evidence in administrative decisions. Ultimately, the court found that the Tribunal's ruling did not warrant intervention, affirming the integrity of the disciplinary process within civil service governance. This case highlights the legal complexities surrounding civil service appeals and the application of constitutional provisions in administrative law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Narcotics Control Board
|
| Judges |
SALEEM AKHTAR,
ZIA MEHMOOD MIRZA,
MIR HAZAR KHAN KHOSO
|
| Lawyers |
Fazal Ellahi Siddiqui, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate on Record,
Raja Muhammad Bashir, Deputy Attorney General for Pakistan
|
| Petitioners |
MUHAMMAD SHARIF TOOR
|
| Respondents |
GOVERNMENT OF PAKISTAN through Secretary, Ministry of Interior and Narcotics Control Division, Islamabad and 3 others
|
| Citations |
1995 SLD 225,
1995 SCMR 1001
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
212(3)
|