| Citation(s) |
|---|
| 2024 SLG 5215 2024 SLD 5215 2024 PLC 344 |
Civil Petitions Nos. 1007 and 1112-L of 2022, decided on 14th November, 2023. (Against the judgment dated 14.1.2022 passed by Punjab Service Tribunal, Lahore in Appeal No.4490 of 2014) Date of hearing: 14th November, 2023.
Present: Syed Mansoor Ali Shah, Sayyed Mazahar Ali Akbar Naqvi and Irfan Saadat Khan, JJ
Muhammad Aftab Alam Rana, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners. Petitioner in person (in C.P. No. 1112-L of 2022). Barrister Mumtaz Ali, Additional A.G., Abdul Majid, DFC, M. Rizwan, Assistant and M. Nawaz, Assistant for
Respondents.
Respondent in person (in C.P. No. 1112-L of 2022).
PERVAIZ HUSSAIN SHAH and others
VS
SECRETARY TO GOVERNMENT OF PUNJAB FOOD DEPARTMENT LAHORE and another
Law: Punjab Employees Efficiency, Discipline and Accountability Act, 2006
Section: 3, 4(1)(c)(i), 4
(a) Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)---
----S. 3--- 'Negligence' and 'gross negligence'--- Distinction---Expression "negligence" fact connotes a dearth of attentiveness and alertness or disdain for duty--- Genus of accountability and responsibility differentiates and augments an act of gross negligence to a high intensity rather than an act of ordinary negligence---To establish gross negligence, the act or omission must be of a worsened genre whereas ordinary negligence amounts to an act of inadvertence or failure of taking on the watchfulness and cautiousness which by and large a sensible and mindful person would bring into play under the peculiar set of circumstances.
The Postmaster General Sindh Province, Karachi v. Syed Farhan 2022 SCMR 1154; Hunter v. Hanley 1955 S.L.T 213 and Stroud's Judicial Dictionary of Words and Phrases, 10th Edition, Volume 2, (pp. 816) ref.
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