| Case ID |
f7e0a07f-7496-484f-9d3d-a603ccff310b |
| Body |
View case body. Login to View |
| Case Number |
8/105 of 1978 |
| Decision Date |
Jan 18, 1979 |
| Hearing Date |
|
| Decision |
The Service Tribunal upheld the appeal of Shahbaz Ashraf Khan Cheema, an Ex. Naib-Tehsilder, against the order of compulsory retirement. The Tribunal found that the appellant had committed a minor irregularity in recording dates of mutations but did not act with ulterior motives. The original decision to retire him was deemed excessive, and the penalty was reduced to that of stoppage of one increment. The Tribunal emphasized that oral evidence cannot supersede written evidence, and the appellant's actions did not warrant the severe penalty of retirement given the circumstances, thus allowing for a more lenient approach. |
| Summary |
This case revolves around the disciplinary action taken against Shahbaz Ashraf Khan Cheema, an Ex. Naib-Tehsilder, who faced retirement due to alleged tampering with the dates on land mutation records. The Service Tribunal determined that while an irregularity occurred, it did not stem from malicious intent but rather from a confusion of dates. The Tribunal criticized the procedure of the inquiry, particularly the reliance on oral testimonies that contradicted written reports. The ruling underscores the importance of proper evidence handling in administrative disciplinary actions, ultimately reducing the penalty to a lesser one. This case is significant as it highlights procedural fairness and the standards of evidence required in disciplinary hearings. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
M. SALEEM CHAUDHRY,
KHALID FARUQ,
A. H. ASLAM
|
| Lawyers |
Khalid Ranjha,
A. G. Hamayun
|
| Petitioners |
SHAHBAZ ASHRAF KHAN CHEEMA
|
| Respondents |
ANOTHER,
COMMISSIONER, SARGODHA DIVISION
|
| Citations |
1980 SLD 1433,
1980 PLC 472
|
| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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