| Citation(s) |
|---|
| 2021 SLG 2807 2021 SLD 2807 2021 PLC 762 |
Supreme Court of Pakistan
C.Ps. Nos. 517-L, 1019-L, 1062-L, 1232-L of 2016 and 1929-Lof 2017, decided on 28th April, 2021, Date of hearing: 11thFebruary, 2021. (Against the judgment(s)/order(s) of PunjabService Tribunal, Lahore dated 21.12.2015 passed in AppealNo. 494/2015 and
MANZOOR AHMAD MALIK, JUSTICE, SYED MANSOOR ALI SHAH, JUSTICE
Khan Muhammad Vehniwal, Advocate Supreme Court for Petitioners (in C.P. No. 517-L of 2016).Rana Shamshad Khan, Additional A.G., Ch. Zafar Hussain Ahmad, Additional A.G. along with Shaukat Ali, DSP, Munir Hussain, DSP, Naeem Cheema, Law Officer, Imran As
C.Ps. Nos. 517-L, 1019-L, 1062-L, 1232-L of 2016 and 1929-Lof 2017, decided on 28th April, 2021, Date of hearing: 11thFebruary, 2021. (Against the judgment(s)/order(s) of PunjabService Tribunal, Lahore dated 21.12.2015 passed in AppealNo. 494/2015 and
MANZOOR AHMAD MALIK, JUSTICE, SYED MANSOOR ALI SHAH, JUSTICE
Khan Muhammad Vehniwal, Advocate Supreme Court for Petitioners (in C.P. No. 517-L of 2016).Rana Shamshad Khan, Additional A.G., Ch. Zafar Hussain Ahmad, Additional A.G. along with Shaukat Ali, DSP, Munir Hussain, DSP, Naeem Cheema, Law Officer, Imran As
MUHAMMAD SHARIF AND OTHERSVSINSPECTOR GENERAL OF POLICE, PUNJAB, LAHORE AND OTHERS
Law: Punjab Civil Servants Act, 1974
Section: 16
Law: Constitution of Pakistan, 1973
Section: 4,10A,14,25
(a) Civil service--- ----Back benefits/back pay---Meaning. 10th Edition, Thomson Reuters, 2014, 166; Aguinaga v. United Food and Commercial Workers Intl Union 993 F.2d 1463, 1473; Robinson v. Lorillard Corp. 444 F.2d 791, 804 and Smith v West 1999 U.S. App. Vet. Claims LEXIS 475, 6 ref. (b) Civil service--- ----Reinstate in service---Meaning and scope. Blacks Law Dictionary (10th Edition, Thomson Reuters, 2014) 1477; Blacks Law Dictionary, (6th Edition, St. Paul, MINN., West Publishing Co., 1990) 1287 and Aiyars Judicial Dictionary (10th Edition, 1988) 871 ref. (c) Punjab Civil Servants Act (VIII of 1974)--- ----S. 16, second proviso---Constitution of Pakistan, Arts. 4, 10A, 14 25---Fundamental Rules, R. 54--- Civil Service Rules (Punjab), R. 7.3---Civil servant---Reinstatement in service after order for removal or dismissal from service set-aside---Back benefits, entitlement to---Scope and principles---Civil servant on unconditional reinstatement in service was to be given all back benefits and the only exception justifying part withholding of back benefits could be that he accepted gainful employment/engaged in profitable business during the intervening period---In case, the dismissal/removal of a civil servant was declared illegal for a defect in disciplinary proceedings without attending to the merits of the case, the entitlement to back benefits may be put off till the inquiry was conducted in the matter finally determining the fault of the civil servant---In case, where there was some fault of the civil servant, including a situation where concession of reinstatement was extended to the civil servant while applying leniency or compassion or proportionality as standard and where penalty was modified but not wiped off in a way that the civil servant was restored to his position, he may be denied a portion of back benefits/back pay, while maintaining a proportion between the gravity of the fault of the civil servant and special/extenuating circumstances of the case. A civil servant once exonerated from the charges would stand restored in service as if he were never out of it and would be entitled to back benefits. Chairman State Life v. Siddiq Akbar 2013…
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