| Citation(s) |
|---|
| 2008 SLG 1319 2008 SLD 1319 2008 PLC 877 |
Supreme Court of Pakistan
Civil Petition No.934 of 2007, decided on 30th January, 2008, Date of hearing; 30th January, 2008. (On appeal from the judgment dated 4-10-2007 of the Federal Service Tribunal, Islamabad in Appeal No.601(R)CS/2004).
ABDUL HAMEED DOGAR, C.J., IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ
Sadaqat Ali Mirza, Advocate Supreme Court/Standing Counsel and Ch. Muhammad Akram, Advocate-on-Record for Petitioners. Shoaib Shaheen, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for
Respondent.
Civil Petition No.934 of 2007, decided on 30th January, 2008, Date of hearing; 30th January, 2008. (On appeal from the judgment dated 4-10-2007 of the Federal Service Tribunal, Islamabad in Appeal No.601(R)CS/2004).
ABDUL HAMEED DOGAR, C.J., IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ
Sadaqat Ali Mirza, Advocate Supreme Court/Standing Counsel and Ch. Muhammad Akram, Advocate-on-Record for Petitioners. Shoaib Shaheen, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for
Respondent.
SECRETARY, MINSITRY OF FINANCE and another
VS
KAZIM RAZA
Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)
Section: 3
Law: Government Servants (Efficiency and Discipline) Rules, 1973
Section: 2,3
Law: Constitution of Pakistan, 1973
Section: 212(3)
(a) Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----S. 3---Government Servants (Efficiency and Discipline) Rules, 1973, Rr.2 3---Constitution of Pakistan (1973), Art.212(3)---Compulsory retirement on the charge of inefficiency and misconduct---Allegation against civil servant was that he being an Officer/Inspector had failed to detect and pinpoint the irregularities due to which fraud/misappropriation took place and if he had been vigilant and had probed the record deeply, the fraud would have been unearthed---Held, civil servant, though was found negligent but in the circumstances of the case, the major penalty of punishment of compulsory retirement from service imposed upon him, was harsh and Service Tribunal rightly converted the same into reduction in the rank---Petition for leave to appeal was dismissed. (b) Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----S. 3---Government Servants .(Efficiency and Discipline) Rules, 1973, Rr.2 3---Misconduct---Negligence---Imposition of penalty---Philosophy of punishment---Carelessness is definitely an act of negligence which may not strictly fall within the ambit of misconduct as defined in R.2, Government Servants (Efficiency and Discipline) Rules, 1973 but it is definitely a valid ground on the basis of which a government servant can be awarded penalty as provided by R.3 of the said Rules---Element of bad faith and wilfulness may bring an act of negligence within the purview of -misconduct but lack of proper care and vigilance may not always be wilful to make it a case of grave negligence inviting severe punishment---Philosophy of punishment is based on the concept of retribution which may be either through the method of deterrence or reformation---Purpose of deterrent punishment is not only to maintain balance with the gravity of wrong done by a person but also to make an example for others as a preventive measure for reformation of the society, whereas the concept of minor punishment in the law is to make an attempt to reform individual wrongdoer---Extreme penalty for minor acts, depriving a person from right of earning would defeat the…
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