Law: Passports Act, 1974

Section: 6

(a) Civil service--- ----Penalty imposed by the competent authority---Proportionality and reasonableness---Judicial review of penalty by the Supreme Court---Scope---Supreme Court may examine and judicially review the executive discretion (in imposing penalty) on the ground of proportionality and reasonableness but at the same time the gravity of the charges raised in the statement of allegations are also to be considered---While exercising the role of judicial review in order to examine whether the punishment awarded by the competent authority may be converted into some lesser punishment or not, the set of circumstances of each and every case have to be considered minutely to determine whether the person deserves such treatment or not---In fact, it is the gravity of misconduct and charges which predominately guides the exercise of judicial review. Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation (1948) 1 KB 223 ref. (b) Passports Act (XX of 1974)--- ----S. 6---Civil service---Dismissal from service---Unauthorized leave---Civil servant in possession of five different passports travelling abroad frequently without obtaining a No Objection Certificate (NOC) from competent authority---In the present case, the magnitude of charges and the conduct of the petitioner (civil servant) explicated that, despite having full knowledge that, being a civil servant in BPS-19, he was not allowed to travel abroad without NOC and approval issued by the competent authority, he still travelled on different passports by deception and impersonation as a businessman---Moreover, , it was not understandable as to how he was in possession of five different passports, and frequently travelled using them without NOC, but nobody could check or trace such illegality and impropriety---Punishment of dismissal from service in the present case awarded to the petitioner was proportionate and reasonable to the act of misconduct committed by him, hence he does not deserve any indulgence for conversion of his punishment from dismissal of service to compulsory retirement---Petition for leave to appeal was dismissed. Sabir Iqbal v. Cantonment Board, Peshawar PLD 2019 SC 189…

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