| Case ID |
f7cbeef7-f471-45cc-acc8-9a85fffc7029 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.702 L of 2002 |
| Decision Date |
Feb 24, 2003 |
| Hearing Date |
Feb 24, 2003 |
| Decision |
The Supreme Court dismissed the petition against the judgment of the Punjab Service Tribunal, which had partially allowed the appeal of the petitioner. The Tribunal had set aside the penalty of removal from service but maintained the penalty for recovery of wheat cost. The court ruled that the discharge from a criminal case does not prevent disciplinary proceedings against a civil servant. The findings of the Inquiry Officer and the Tribunal were upheld, indicating that both criminal and departmental proceedings can be conducted simultaneously. |
| Summary |
In the case of Muhammad Shafique versus Deputy Director Food, the Supreme Court of Pakistan addressed the dismissal of a civil servant involved in a wheat shortage case. The petitioner argued that being discharged from a criminal case should exempt him from departmental proceedings. However, the court reaffirmed that police findings are not binding on departmental inquiries. The decision emphasized that disciplinary actions can proceed irrespective of criminal case outcomes, maintaining the integrity of civil service regulations. Notably, the ruling highlighted the independence of criminal and administrative proceedings, a critical aspect for civil servants facing allegations. This case underlines the importance of due process within government institutions, ensuring accountability while protecting civil servants' rights. Legal professionals should note the implications of this case on future disciplinary actions and the balance between criminal investigations and administrative responsibilities. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Mian Mahmood Hussain, Advocate Supreme Court,
Sh. Salah ud Din, Advocate on Record
|
| Petitioners |
MUHAMMAD SHAFIQUE
|
| Respondents |
another,
DEPUTY DIRECTOR FOOD
|
| Citations |
2005 SLD 1287,
2005 SCMR 1067
|
| Other Citations |
PLD 2002 SC 13,
PLD 1985 SC 134,
PLD 1987 SC 195,
1989 SCMR 316,
1989 SCMR 333,
1990 SCMR 1556,
1993 SCMR 2177,
1994 SCMR 1608,
1996 SCMR 315
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art.212(3)
|