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---Moral turpitude---Punishment, quantum of---Test of proportionality for interfering in quantum of penalty/punishment imposed by department/competent authority---Scope---Notion of proportionality requires that the punishment ought to reflect the degree of moral culpability associated with the offence for which it is imposed---In order to render punishment compatible with justice, it is not enough to restrict punishment to the deserving, but also to restrict the degree of punishment to the degree that is deserved---Degree of wrongfulness is described variously as the "moral culpability", "gravity" or "depravity" associated with the offence---Therefore, along with the gravity of the misconduct, interference on the grounds of proportionality in the penalty imposed for misconduct is also assessed in view of the depravity or moral culpability associated with the same---Test of proportionality is, therefore, more stringent in cases of misconduct involving moral turpitude in view of the depravity or moral culpability involved.

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