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Reduction in penalty

Reduction in penalty legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2007 PLC(CS) 692 SUPREME-COURT Judicial Precedent
S. 3Service Tribunals Act (LXX of 1973), Ss.4 & 5Constitution of Pakistan (1973), Art.212(3)"Misconduct"ConnotationQuantum of punishmentPrincipleReduction in penaltyService Tribunal, jurisdiction of

Civil servants were dismissed from service on the charges of inefficiency and negligence but Service Tribunal converted the penalty from dismissal into reduction in pay scale

Validity

Definition of word "misconduct" in Punjab Removal from Service (Special Powers) Ordinance, 2000, was almost the same which had been assigned to it in Punjab Civil Servants (Efficiency and Discipline) Rules, 1999

Charges of guilty of misconduct or corruption were always considered at higher pedestal than the charge of inefficiency

Competent authority had jurisdiction to award any of the punishments mentioned in law to the Government employee but for the purpose of safe administration of justice such punishment should be awarded which commensurate with the magnitude of the guilt otherwise the law dealing with the subject would lose its efficacy

Civil servants were not guilty of the charge of misconduct or corruption, therefore, extreme penalty of removal from service for the charge of inefficiency or negligence was on higher side

Service Tribunal had rightly reduced the quantum of punishment awarded to the civil servants by the competent authority

Supreme Court declined to interfere with the judgment passed by Service Tribunal

Leave to appeal was refused.

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Precedents & Case Laws citing "Reduction in penalty"

PCRLJ 1994
Criminal Revision No.257 of 1990, decided on 11th October, 1992

1994 P Cr

MUHAMMAD SHAH and others — Petitioners Versus THE STATE — Respondent

Court: Lahore
CLC 1997
Writ Petition No. 4129 of 1993, heard on 11th July, 1995.

1997 C L C 740

JAMIL AHMAD‑‑‑‑Petitioner Versus THE UNIVERSITY OF ENGINEERING AND TECHNOLOGY, LAHORE

Court: Lahore
CLD 2012
2012-April-3

2012 C L D 1486

File No.1(2)/Reg/S.39/CCP/2011

Court: Competition Commission of Pakistan
PTD 2003
I.T.A. No.325/IB of 2002, decided on 19th July, 2003.

2003 P T D (Trib

N/A

Court: Income‑tax Appellate Tribunal Pakistan
MLD 1994
1990-October-23

1994 M L D 122

MUHAMMAD SULTAN — Petitioner Versus THE STATE — Respondent

Court: Lahore
PLC(CS) 1995
Appeal No. 109 of 1994, decided on 9th February, 1995.

1995 P L C (C

SIKANDAR ALI SHAH Versus CHIEF SECRETARY, GOVERNMENT OF SINDH, KARACHI and another

Court: Service Tribunal Sindh
PLC(CS) 1991
Appeal No. 11 of 1988, decided on 9th October, 1989.

1991 P L C (C

MUHAMMAD ISMAIL MEMON Versus GOVERNMENT OF SINDH and 2 others

Court: Service Tribunal Sindh
PCRLJ 1993
1992-December-13

1993 P Cr

ALLAH DIWAYA — Petitioner Versus THE STATE — Respondent

Court: Lahore
PLC(CS) 1990
Appeal No. 11 of 1988, decided on 28th September, 1989.

1990 P L C (C

MUHAMMAD ISMAIL MEMON Versus GOVERNMENT OF SINDH through Chief Secretary, Government pf Sindh and others

Court: Service Tribunal Sindh
PLC(CS) 1988
Appeal No. 43 of 1987, decided on 26th May, 1988.

1988 P L C (C

MUSARRAT JAHAN Versus THE SECRETARY, LABOUR AND COOPERATION DEPARTMENT, GOVERNMENT OF SIND and 2 others

Court: Service Tribunal Sind