Citation Name: 2023 PLC(CS)N 43 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL GHANI vs HON'BLE CHIEF J

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Citation Name: 2023 PLC(CS)N 43 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL GHANI VS HON'BLE CHIEF JUSTICE R.3---Penalty---Grounds---Compulsory retirement ---Judicial officer---Inefficient or ceased to be efficient---Compulsory retirement---Scope---Division Bench of High Court while proceeding in appeal observed that the appellant, a Qazi, had acted in aid of accomplishing voracious whims of parties to plunder the property of public exchequer, as such, a show cause notice was issued to the appellant wherein almost thirty cases were noted to have been mishandled on judicial side by the appellant---Enquiry officer concluded that the appellant was careless, had decided cases in haste without adhering to the prevailing law, which proved negligence, misconduct and illegality on his part---Major penalty of compulsory retirement from service was imposed on the appellant vide impugned notification---Validity---Appellant had failed to justify the circumstances which had compelled him to decide suit(s) hastily, without recording evidence and giving reasons in deciding the cases---Conduct of the appellant besides being perfunctory was also tainted with mala fide and showed extraneous consideration on his part---Appellant had failed to justifiably rebut the allegation leveled against him rather had pleaded the same as mistake---Such could not be considered a valid excuse by a judicial officer---When ignorance of law is considered as no excuse in the matter of a layman, how can it be taken as a valid ground in the matter of a judicial officer, who was vested with the power to exercise the original jurisdiction of Qazi Court and decide the fate of the cases amongst the general public---Appeal was dismissed. Citation Name: 2023 PLC(CS)N 43 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL GHANI VS HON'BLE CHIEF JUSTICE R.4---Penalty---Compulsory retirement---Scope---Although compulsory retirement has been prescribed in the Balochistan Civil Servants (Efficiency and Discipline) Rules, 1992, as a major penalty yet it differs from dismissal and removal from service as it does not stipulate penal consequences, inasmuch as, a person retired compulsorily is entitled to pension and other retiral benefits proportionate to the period of service standing to his credit. Citation Name: 2023 PLC(CS)N 43 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL GHANI VS HON'BLE CHIEF JUSTICE R.3---Grounds for penalty---Judicial officer---Scope---Case of a judicial officer is required to be examined by treating him in a different way from other civil servants as he is performing the sacred duty of rendering justice amongst the general public---Honesty and integrity would be expected to be beyond any doubt and up to the highest expectation, which should reflect from his judicial work and reputation---Nature of judicial service cannot afford services of a person with doubtful integrity or who has lost his utility in order to keep the stream of justice unpolluted---Similarly, a Judge cannot be stamped with the label of 'doubtful integrity' in absence of tangible materials, however, sometimes such materials do not come forth and in such a situation, the general impression of the Judge as a corrupt Judge in the mind of general public would alone be sufficient for his compulsory retirement by the Competent Authority.

Citation Name: 2023 PLC(CS)N 43 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL GHANI vs HON'BLE CHIEF JUSTICE R — 2023 PLC(CS)N 43 QUETTA-HIGH-COURT-BALOCHISTAN

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