PERVAIZ HUSSAIN SHAH vs SECRETARY TO GOVERNMENT OF PUNJAB FOOD DEPARTMENT LAHORE Curative Act

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PERVAIZ HUSSAIN SHAH VS SECRETARY TO GOVERNMENT OF PUNJAB FOOD DEPARTMENT LAHORE Curative Act---Scope and retroactive effect---Curative Act is generally passed to provide some correction or omission made in an existing statute---Acts of such character are obviously retroactive, and hence entitled, as a general rule, to retrospective operation. Citation Name: 2024 PLC(CS) 344 SUPREME-COURTBookmark this Case PERVAIZ HUSSAIN SHAH VS SECRETARY TO GOVERNMENT OF PUNJAB FOOD DEPARTMENT LAHORE S. 4(1)(c)(i)--- District Food Collector---Embezzlement of food stock---Case of 'negligence' as opposed to 'gross negligence'---Withholding of part of pension for a certain period---Proportionality of punishment---Scope---Petitioner's absence from the site of embezzlement, albeit due to the nature of his job, could not be used as a handy excuse to absolve himself of the loss caused to the public exchequer---Nevertheless, the petitioner's negligence was not 'gross negligence' given that the petitioner's conduct was not so marked a departure from the normal standard of conduct of a professional man as to infer a lack of that ordinary care which a man of ordinary skill would display---Thus, Inquiry Committee's decision to impose major penalty of withholding 100% of petitioner's pension failed the tests of proportionality (of punishment), suitability, and necessity---Petition for leave to appeal was converted into appeal and partly allowed by modifying the impugned judgment in the terms that the petitioner's pension shall be confined to 50% from the period of service ranging from the year 2014 to 2016 only; whereas pension for the remainder of his service, apart from the aforementioned period of service, shall be paid in its entirety i.e. 100% by the department. Citation Name: 2024 PLC(CS) 344 SUPREME-COURTBookmark this Case PERVAIZ HUSSAIN SHAH VS SECRETARY TO GOVERNMENT OF PUNJAB FOOD DEPARTMENT LAHORE Pension---Scope---Pension is not a bounty; it should be considered as a recognition of the satisfactory service of the retiring person. Citation Name: 2024 PLC(CS) 344 SUPREME-COURTBookmark this Case PERVAIZ HUSSAIN SHAH VS SECRETARY TO GOVERNMENT OF PUNJAB FOOD DEPARTMENT LAHORE S. 3--- 'Negligence' and 'gross negligence'--- Distinction---Expression "negligence" fact connotes a dearth of attentiveness and alertness or disdain for duty--- Genus of accountability and responsibility differentiates and augments an act of gross negligence to a high intensity rather than an act of ordinary negligence---To establish gross negligence, the act or omission must be of a worsened genre whereas ordinary negligence amounts to an act of inadvertence or failure of taking on the watchfulness and cautiousness which by and large a sensible and mindful person would bring into play under the peculiar set of circumstances. Citation Name: 2024 PLC(CS) 344 SUPREME-COURTBookmark this Case PERVAIZ HUSSAIN SHAH VS SECRETARY TO GOVERNMENT OF PUNJAB FOOD DEPARTMENT LAHORE S. 4---Penalty---Proportionality---Penalty should be proportionate to the guilt---Notion of proportionality requires that the punishment ought to reflect the degree of moral culpability associated with the offence for which it is imposed.

PERVAIZ HUSSAIN SHAH vs SECRETARY TO GOVERNMENT OF PUNJAB FOOD DEPARTMENT LAHORE Curative Act — 2024 PLC(CS) 344 SUPREME-COURT

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