GOVERNMENT OF THE PUNJAB vs MUHAMMAD ARSHAD S — 2021 PLC(CS) 47 SUPREME-COURT

Case information

Citation: 2021 PLC(CS) 47 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: PLC
Parties: GOVERNMENT OF THE PUNJAB vs MUHAMMAD ARSHAD S
Subject matter: Service
Provisions referred to: S. 4---

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GOVERNMENT OF THE PUNJAB VS MUHAMMAD ARSHAD S. 4--- Service Tribunal---Jurisdiction---Retribution, concept of---Applicability--- Punishment, quantum of--- Civil servant, after departmental proceedings was awarded punishment of reduction to four stages in pay scale and recovery of loss caused to government---Service Tribunal allowed appeal filed by civil servant and penalty imposed by authorities was set aside---Validity---Penalty was proportionate and commensurate with gravity of offence considering amount of loss caused to public funds on account of extreme negligence and inefficiency on the part of civil servants and the same was substantial which ran into millions---Service Tribunal wrongly relied upon the philosophy of basing punishment on the concept of retribution which according to the Tribunal could either to be through method of deterrence or reformation but such concept was neither relevant nor apt in the matter---Power of Tribunal to interfere in quantum of punishment was to be carefully exercised with utmost caution, care and circumspection---If such power was exercised, elaborate, cogent and legally sustained reasons were to be recorded---Judgment passed by Service Tribunal was devoid of any such reasoning let alone cogent or logical or legally sustainable---Service Tribunal exercised its jurisdiction carelessly and casually---Principles of law laid down by Supreme Court in its various pronouncements escaped notice of Service Tribunal---Supreme Court set aside judgment passed by Service Tribunal and punishment imposed by departmental authorities was restored---Appeal was allowed in circumstances.

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