| Citation(s) |
|---|
| 2004 SLG 4000 2004 SLD 4000 = 2004 PLC(CS) 130 |
Supreme Court of Pakistan
Presented By:
Presented By:
Law:
Section:
(a) Constitution of Pakistan (1973)----- ----Art. 19---Freedom of speech/expression and press---Essential requirements of democracy---Democracy cannot survive without such freedom---Such right is not absolute, but reasonable restrictions can be imposed upon the same on reasonable grounds---Reasonable classification is always permissible in law. Zaheeruddin and others v. The State and others 1993 SCMR 1718 rel. (b) Government Servants (Efficiency and Discipline) Rules, 1973----- ----Rr. 2(4) & 4(1)(b)(ii)---Government Servants (Conduct) Rules, 1964., Rr. 22 & 29---Compulsory retirement from service---Charge against civil servant was that he addressed press conference and issued pamphlets criticizing his administration and talked about latest happening in New World Order and geopolitical situation, and addressed letters to higher Authorities including the President and the Prime Minister of the country in disregard of normal procedure in that regard---Civil servant did not deny such facts, rather, asserted that whatever was stated therein was correct-- Validity---Not within realm of permissible limits of freedom of speech expression for a Government servant to discuss about latest happening in New World Order and geopolitical situation---Such conduct of civil servant would be in violation of Rr.22 & 29 of Government Servants (Conduct) Rules, 1964 and misconduct within meaning of R.2(4) of 'Government Servants (Efficiency and Discipline) Rules, 1973---Such charge stood squarely proved against the civil servant. (c) Government Servants (Conduct) Rules, 1964----- ----Rr. 22 & 29---Constitution of Pakistan (1973), Art. 19---Restriction on freedom of speech of Government servants---Essential in interest of public order---Reasons stated. In order to maintain the proper discipline in public servants and efficiency in administration, it is necessary to place certain restrictions on the freedom of the speech of Government servants, which are essential in the interest of public order, otherwise there would be chaos, anarchy and maladministration in every department, as its employees would not only criticize each other publicly, but would frustrate every…