Case Details

Citation(s)
2002 SLG 2505 2002 SLD 2505 2002 PLD 723
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 3186 of, decided on 25th April, 2002.
RANA BHAGWANDAS, JAVED IQBAL AND SARDAR MUHAMMAD RAZA, JJ
Ch. Afrasiyab Khan, Advocate Supreme Court and Anwar H. Mir Advocate-on-Record for Petitioner

ZAFAR IQBAL QURESHI

VS

MUHAMMAD ALI

Law:

Section:

(a) Civil service-- ---- Suit for damages---Plaintiff, a Government servant, for almost five months was made to face hardship due to unreasonable, .unjustified and sadistic attitude of the District Accounts Officer by not passing his pay bills against the Rules---Plaintiff brought a suit for damages for Rs.10,00,000 which was decreed to the extent -of Rs.50,000 by the First Appellate Court as well as the High Court---Validity---Documentary evidence on record was more than sufficient to prove the high-handedness of the -debtor who in his capacity as District Accounts Officer should have refrained from being adamant when policy letter on the subject was brought to his notice and he had no authority to raise objection challenging the very authority of the competent officer---Two Courts below having rightly arrived at the conclusion about the quantum of damages which was a question of fact. Supreme Court, in circumstances, declined interference and dismissed the petition for leave to appeal against the of High Court---Supreme Court observed that the Government officials dealing with the rights of the people and other Government officials were not supposed to have a negative and sadistic attitude merely to satisfy their false egos---Supreme Court deprecated, the conduct of the -debtor on account of which a Government servant drawing small salary was forced to face monetary loss as well as mental torture---Civic sense of the aggrieved civil servant who did not feel contented upon the sanction of the bill and initiated to ask for damages was appreciated by the Supreme Court with the remarks that it was healthy sign to make others realise the consequences of their omissions to perform an act which they were legally as well as morally bound to perform. (b) Civil service--- ---- Leave preparatory to retirement---Once the competent Authority had cancelled the leave preparatory to retirement and the civil servant had continued in service, the Accounts Officer had no authority to raise objection challenging the very authority of the competent officer. JUDGMENT SARDAR MUHAMMAD RAZA, J.---Zafar Iqbal Qureshi has filed this petition for leave to appeal against the judgment…
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