GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary Khyber Pakhtunkhwa, Peshawar vs NARGIS JAMAL, EX-DEO (FEMALE) KARAK Compulsory retirement, penalty of — 2023 PLC(CS) 283 SUPREME-COURT

Case information

Citation: 2023 PLC(CS) 283 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLC
Parties: GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary Khyber Pakhtunkhwa, Peshawar vs NARGIS JAMAL, EX-DEO (FEMALE) KARAK Compulsory retirement, penalty of
Subject matter: Service

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 KHYBER PAKHTUNKHWA through Chief Secretary Khyber Pakhtunkhwa, Peshawar VS NARGIS JAMAL, EX-DEO (FEMALE) KARAK Compulsory retirement, penalty of---Absence from duty---Foreign travel outside Pakistan without prior approval from competent authority---Service Tribunal modified penalty of compulsory retirement to that of reduction to lower substantive post from BPS-19 to BPS-18 for a period of four years---Legality---Travel history of the respondent was not disputed---Even before the Tribunal, the respondent failed to offer any justification or produce any document or NOC, nor did she contradict the "Travel History Report" divulged to her department---Tribunal without any analytical justification, modified the punishment of compulsory retirement to reduction to lower substantive post---Punishment of compulsory retirement was imposed after due process of law and conducting proper inquiry into the charges of misconduct, and it was the province and dominion of the competent authority to award punishment in case the allegations of misconduct were proved in the inquiry---Appeal was allowed, impugned judgment of Service Tribunal was set-aside, and the punishment of compulsory retirement awarded to respondent was restored.

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