MUHAMMAD SHARIF vs INSPECTOR GENERAL OF POLICE, PUNJAB, LAHORE S — 2021 SCMR 962 SUPREME-COURT

Case information

Citation: 2021 SCMR 962 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: MUHAMMAD SHARIF vs INSPECTOR GENERAL OF POLICE, PUNJAB, LAHORE S
Subject matter: Service
Provisions referred to: S. 16

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

MUHAMMAD SHARIF VS INSPECTOR GENERAL OF POLICE, PUNJAB, LAHORE S. 16, second proviso---Constitution of Pakistan, Arts. 4, 10A, 14 & 25---Fundamental Rules, R. 54--- Civil Service Rules (Punjab), R. 7.3---Civil servant---Reinstatement in service after order for removal or dismissal from service set-aside---Back benefits, entitlement to---Scope and principles---Civil servant on unconditional reinstatement in service was to be given all back benefits and the only exception justifying part withholding of back benefits could be that he accepted gainful employment/engaged in profitable business during the intervening period---In case, the dismissal/removal of a civil servant was declared illegal for a defect in disciplinary proceedings without attending to the merits of the case, the entitlement to back benefits may be put off till the inquiry was conducted in the matter finally determining the fault of the civil servant---In case, where there was some fault of the civil servant, including a situation where concession of reinstatement was extended to the civil servant while applying leniency or compassion or proportionality as standard and where penalty was modified but not wiped off in a way that the civil servant was restored to his position, he may be denied a portion of back benefits/back pay, while maintaining a proportion between the gravity of the fault of the civil servant and special/extenuating circumstances of the case.

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