MUHAMMAD SHAFIQUE vs The ADDITIONAL FINANCE SECRETARY (BUDGET) GOVERNMENT OF PAKISTAN, ISLAMABAD R

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MUHAMMAD SHAFIQUE VS The ADDITIONAL FINANCE SECRETARY (BUDGET) GOVERNMENT OF PAKISTAN, ISLAMABAD R. 4(3)(b)---Government Servants (Efficiency and Discipline) Rules, 1973, R. 4(1)(b)(i) [since repealed]---Fundamental Rules, F.R. 29---Major penalty of reduction to a lower post and pay scale from the substantive or regular post for a specific period---While passing an order, imposing the penalty of reduction to a lower post or time scale or to a lower stage in the time scale, the conditions laid down in F.R. 29 of the Fundamental Rules i.e. fixing the specific period of reduction to lower post, should be considered and followed. Citation Name: 2021 SCMR 1834 SUPREME-COURTBookmark this Case MUHAMMAD SHAFIQUE VS The ADDITIONAL FINANCE SECRETARY (BUDGET) GOVERNMENT OF PAKISTAN, ISLAMABAD R. 4(1)(b)(i)---Constitution of Pakistan, Art. 10A---Malpractice, misconduct and misuse of official decision---Major penalty of reduction to lower post--- Whether employee (appellant) was provided a proper right of defence during inquiry proceedings---Held, that departmental proceeding against the appellant was initiated on issuing show cause notice with the statement of allegations, the appellant submitted reply to the show cause notice and since his reply was not found satisfactory, therefore, an impartial domestic inquiry was conducted against him---During the inquiry proceedings, ample opportunity was afforded to the appellant, his statement was also recorded and before taking disciplinary action, second show cause notice was also issued to him---Even in the departmental appeal, the right of audience was provided by the appellate authority to the appellant---Right to a fair hearing and or trial necessitated that a person should be afforded a fair opportunity to defend the inquiry or trial against him---In the present case, it was clearly manifesting from the record that proper right of defence was provided to the appellant in the inquiry proceedings before taking disciplinary action---No bias, unfairness or partiality was alleged or pointed out against the inquiry committee which might have any element to cause prejudice or setback to the case of appellant during inquiry---Appeal was dismissed and major penalty of reduction to lower post was maintained. Citation Name: 2021 SCMR 1834 SUPREME-COURTBookmark this Case MUHAMMAD SHAFIQUE VS The ADDITIONAL FINANCE SECRETARY (BUDGET) GOVERNMENT OF PAKISTAN, ISLAMABAD R. 4(1)(b)(i)---Constitution of Pakistan, Art. 10A---Employee of National Saving Center---Unauthorized and illegal checking and retention of prize bonds---Major penalty of reduction to lower post---Plea that that no loss was caused to the government or the public exchequer as the prize bond, which won the prize was not encashed by the appellant---Held, that record showed that encashment was immediately stopped when the scam was disclosed to the higher management---Since present case was one of misconduct, the plea of non-encashment of prize bond with no loss to government did not endow any help or support to the appellant's case for dislodging or setting aside major penalty or exonerating him from the charge and guilt---Appellant was found guilty in an impartial inquiry and the competent authority had already taken a lenient view as instead of removal or dismissal from service, they only imposed penalty of reduction to a lower post---Appeal was dismissed and major penalty of reduction to lower post was maintained. Citation Name: 2021 SCMR 1834 SUPREME-COURTBookmark this Case MUHAMMAD SHAFIQUE VS The ADDITIONAL FINANCE SECRETARY (BUDGET) GOVERNMENT OF PAKISTAN, ISLAMABAD Employees of a Government financial institution---Public trust and confidence---Duties of employees of a Government financial institution explained.

MUHAMMAD SHAFIQUE vs The ADDITIONAL FINANCE SECRETARY (BUDGET) GOVERNMENT OF PAKISTAN, ISLAMABAD R — 2021 SCMR 1834 SUPREME-COURT

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