1998 PLP (C (PLC(CS))
JUMA KHAN Versus SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD and another
| Citation | 1998 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saleem Akhtar, Mamoon Kazi and Muhammad Bashir Jehangiri, JJ |
| Parties | JUMA KHAN Versus SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD and another |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1998 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saleem Akhtar, Mamoon Kazi and Muhammad Bashir Jehangiri, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP (C (PLC(CS)) (JUMA KHAN Versus SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Fazal Ellahi Siddiq, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate- on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 26th June, 1995
Headnotes / Summary
(On appeal from the judgment of the Federal Service Tribunal dated 26-10-1994 passed in Appeals Nos. 368 and 393(R) of 1994).
Art. 212(3)
Penalty of censure imposed on civil servant
Leave to appeal was granted to the civil servant to consider whether the inquiry against civil servant was held in accordance with law and proper opportunity was afforded to him to lead his evidence and cross-examine the witnesses.
Judgment & Decree
SALEEM AKHTAR, J.
The petitioner seeks leave to appeal against the judgment of the Federal Service Tribunal, whereby the penalty of censure imposed on the petitioner was upheld.
2. The petitioner, an Assistant Director and one Imtiazuddin, an Administrative Officer in National Trading Bureau, Ministry of Labour, Manpower and Overseas Pakistanis, were served with a charge-sheet dated 6-6-1993 separately containing the following charges:-- "(i) F.No.NTB-2(73)/91-92/GA regarding 'Procurement of Plain Paper Copier' was misplaced in between Mr. Juma Khan, Assistant Director, National Training Bureau (Chairman Purchase Committee) and Mr. Imtiazuddin, Assistant Director (then Admn. Officer). (ii) Mr. Imtiazuddin emphasised that file was handed over to Mr. Juma Khan by hand, whereas he (Mr. Juma Khan) denied of taking over the file by hand. (iii) The system laid down by the Government for submission/receipt of files has not been observed. (iv) Misplacement of file indicates lack of coordination and working relation between the officers. (v). Misplacement of file indicates the irresponsible attitude."
3. After the reply was submitted by the petitioner, an Inquiry Officer conducted the inquiry and submitted his report holding that the following changes were proved against the petitioner:-- "(i) The file No. NTB-2(73)/91-92/GA relating to "Procurement of Plain Paper Copier" was misplaced. (ii) The laid down procedure by the Government for submission/receipt of files was not observed. (iii) Lack of coordination and working relation between the officers of Purchase Committee. (iv) The officers involved in this case showed irresponsible attitude. "
4. This was followed by a show-cause notice which was also replied by the petitioner in detail. The competent Authority imposed minor penalty of censure on the petitioner who made departmental representation and finally challenged it before the Federal Service Tribunal. The appeal was dismissed by the impugned judgment.
5. Leave is granted to consider whether the inquiry was held in accordance with law and proper opportunity was afforded to the petitioner to lead his evidence and to cross-examine the witnesses.
6. The petitioner had made Prime Minister of Pakistan through Secretary, Establishment Division, Islamabad as a respondent which is not permissible under law. The words "Prime Minister of Pakistan through" shall be deleted from the title of the petition.