| Case ID |
fe847d97-6148-4ed1-85bd-27d231125458 |
| Body |
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| Case Number |
Civil Petition No. 21 of 1995 |
| Decision Date |
Jun 26, 1995 |
| Hearing Date |
Jun 26, 1995 |
| Decision |
The Supreme Court granted leave to appeal to the petitioner, Juma Khan, to determine if the inquiry against him was conducted in accordance with the law and if he was afforded a proper opportunity to present his evidence and cross-examine witnesses. The court noted that the inquiry officer had proven charges of misconduct, including misplacement of files and lack of coordination among officers. The petitioner had previously challenged a minor penalty of censure imposed by the competent authority, which was upheld by the Federal Service Tribunal. The court's decision emphasizes the importance of due process in disciplinary proceedings against civil servants. |
| Summary |
In the case of Civil Petition No. 21 of 1995, the Supreme Court of Pakistan examined a disciplinary action involving Juma Khan, an Assistant Director at the National Trading Bureau. The petitioner sought leave to appeal after the Federal Service Tribunal upheld a minor penalty of censure against him for alleged misconduct related to the misplacement of a procurement file. The court's ruling underscored the necessity of conducting inquiries in compliance with legal standards, ensuring that civil servants receive fair opportunities to defend themselves. The judgment serves as a crucial reference for similar cases involving administrative justice and the rights of civil servants within the framework of the Constitution of Pakistan (1973). Key legal concepts such as due process, administrative justice, and civil service regulations are central to this case, making it significant for legal practitioners and scholars alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SALEEM AKHTAR,
MAMOON KAZI,
MUHAMMAD BASHIR
|
| Lawyers |
Fazal Ellahi Siddiq,
Ejaz Muhammad Khan
|
| Petitioners |
JUMA KHAN
|
| Respondents |
another,
SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD
|
| Citations |
1998 SLD 1462,
1998 PLC 815
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 212(3)
|