2004 PLP (C (PLC(CS))
NAHEED NUSRAT HASHMI Versus SECRETARY EDUCATION (E), GOVERNEMNT OF PUNJAB and others
| Citation | 2004 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Munir A. Sheikh and Khalil‑ur‑Rehman Ramday, JJ |
| Parties | NAHEED NUSRAT HASHMI Versus SECRETARY EDUCATION (E), GOVERNEMNT OF PUNJAB and others |
Q1: What are the key laws and sections cited in 2004 PLP (C (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munir A. Sheikh and Khalil‑ur‑Rehman Ramday, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP (C (PLC(CS)) (NAHEED NUSRAT HASHMI Versus SECRETARY EDUCATION (E), GOVERNEMNT OF PUNJAB and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- ‑‑‑‑Rr. 3 & 4‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Charge of purchase of sub‑standard science material by civil servant‑‑‑Plea raised in reply to show cause notice by civil servant (Deputy District Education Officer) was that Purchase Committee had approved quality and standard of such material; and that all Deputy District Education Officers had purchased articles of same standard and quality from the same firm‑‑ Inquiry Officer was of the view that charge against civil servant stood proved‑‑‑Supreme Court directed Deputy Director, Directorate of Elementary Education, (S) to cause production of relevant record about purchase of material by all Deputy District Officers during same period on next date of hearing.
- Sh. Khizar Hayat, Advocate Supreme Court for Petitioner.
- Nemo for Respondent.
- Date of hearing: 22nd December, 2003.
Headnotes / Summary
Punjab Civil Servants (Efficiency and Discipline) Rules, 1973‑‑‑
Judgment & Decree
MUNIR A. SHEIKH, J.‑‑‑In the disciplinary proceedings penalty had been imposed upon 'the petitioner in respect of charge No.2 which is to the following effect:‑ "You purchased sub‑standard science material amounting to Rs.5,02,000 in 6/95." The reply of the petitioner to this charge was as follows:‑‑. "(ii) The purchase has been done by the Purchase Committee who has unanimously approved the quality and standard of the material purchased, but the complaint is only against me. This reflects that the complainant had enemity with me, otherwise there has been no truth in this allegations. It is submitted that this allegation is baseless: All the Deputy DEO's male/female) had purchased from the same firm and same articles of standard quality have. been purchased. This allegation is completely in‑correct and weightless. You have personally examined the store and observed the quality of goods. It is submitted that the field staff of Khanpur may be advised to distribute the material among the schools for which it has been purchased in order to save the material from further deterioration, a lot of time has already passed away. I am afraid that the hammer of time may not spoil the damped material causing heavy national loss." The Inquiry Officer dame to the conclusion that this charge stood proved.
2. The Deputy Director, Directorate of Elementary Education (S), Bahawalpur Division, Bahawalpur is directed to cause production of the relevant record about the purchase of the material by all the Deputy Distt. Education Officers (Male and Female) during the same period, through an officer who is also well conversant with the facts of the case, before this Court on the next date of hearing.
3. In the meantime the impugned order to the extent of recovery of Rs.3,02,851 shall remain suspended. S.A.K./N‑11/S Order accordingly.