DIRECTOR POSTAL LIFE INSURANCE, LAHORE vs SHAKEEL AHMAD R — 2021 PLC(CS) 1559 SUPREME-COURT

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DIRECTOR POSTAL LIFE INSURANCE, LAHORE VS SHAKEEL AHMAD R. 4(1)(a)---Negligence in maintaining official record---Penalty of reduction in pay scale by four steps for five years reduced to minor penalty of 'censure'---Inquiry Officer had not found any documentary evidence to prove the allegation against the respondent of making double payments---Further, it was found that the alleged misconduct and negligence was not fully established---Inquiry Officer observed that although the respondent was negligent and showed lack of interest, there was no element of intentional omission or deliberate mishandling of records or overpayment to two individuals---On said basis, the Inquiry Officer had recommended issuance of a severe warning to the respondent---However the competent authority disagreeing with the findings of the Inquiry Officer imposed major penalty of reduction in pay scale by one step for two years without recording any valid or cogent reasons---Further, the Appellate Authority also did not record any valid reasons or lawful justification for further enhancing the penalty imposed upon the respondent---Service Tribunal re-examined the entire record and came to the correct conclusion that there was insufficient evidence against the respondent to establish charges of fraudulent double payments and negligence in handling official records and in discharge of his duties---Tribunal rightly came to the conclusion that the penalty imposed by the competent authority and further enhancement of the same by the Appellate Authority was disproportionately harsh to the allegations levelled and not fully proved against the respondent, particularly so where no documentary evidence was available to substantiate the charges against him---Furthermore record did not show if any mandatory show cause notice was issued by the Appellate Authority to the respondent or he was given an opportunity to defend his position and to plead his case against further enhancement of the penalty imposed upon him---Such material error/ defect in the procedure adopted by the Appellate Authority had violated the due process rights of the respondent---Service Tribunal was justified in reducing the major penalty of reduction in pay scale by four steps for five years to minor penalty of 'censure'---Petition for leave to appeal was dismissed and leave was refused. Citation Name: 2021 PLC(CS) 1559 SUPREME-COURTBookmark this Case DIRECTOR POSTAL LIFE INSURANCE, LAHORE VS SHAKEEL AHMAD R. 6(a)---Recommendations of the Inquiry Officer---Scope---although the competent authority had the power to disagree with the recommendations of the Inquiry Officer, however, such power had to be exercised on the basis of the record and for cogent and valid reasons duly recorded.

DIRECTOR POSTAL LIFE INSURANCE, LAHORE vs SHAKEEL AHMAD R — 2021 PLC(CS) 1559 SUPREME-COURT

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