DIVISIONAL SUPERINTENDENT, POSTAL SERVICES, D.G. KHAN vs NADEEM RAZA S — 2023 PLC(CS) 1119 SUPREME-COURT

Case information

Citation: 2023 PLC(CS) 1119 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLC
Parties: DIVISIONAL SUPERINTENDENT, POSTAL SERVICES, D.G. KHAN vs NADEEM RAZA S
Subject matter: Service
Provisions referred to: S. 5---S

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

DIVISIONAL SUPERINTENDENT, POSTAL SERVICES, D.G. KHAN VS NADEEM RAZA S. 5---Service Tribunal, powers of---Limited power of the Service Tribunal to reduce penalty imposed by the department on a civil servant---Scope---Test of proportionality for interfering in quantum of penalty/punishment---Scope---Only in exceptional circumstances, i.e. where it is against the law or is unreasonable or fails the test of proportionality, that the Tribunal can interfere in the penalty imposed by the department and that too supported by detailed reasons---Where the Tribunal or the Court interferes in the quantum or nature of the penalty imposed by the competent authority by terming the same as unreasonable, perverse or harsh, or by exercising leniency, such interference is, in effect, only made when the Tribunal or the Court concludes that the penalty is disproportionate to the misconduct proved by employing the test of proportionality---Only where the penalty imposed by the department is so shockingly disproportionate to the misconduct or inefficiency proved that to let it stand would be unfair, unjust and inequitable, that the same would justify interference based on the test of proportionality.

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