PERVAIZ HUSSAIN SHAH vs SECRETARY TO GOVERNMENT OF PUNJAB FOOD DEPARTMENT LAHORE S — 2024 SCMR 309 SUPREME-COURT

Case information

Citation: 2024 SCMR 309 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: PERVAIZ HUSSAIN SHAH vs SECRETARY TO GOVERNMENT OF PUNJAB FOOD DEPARTMENT LAHORE S
Provisions referred to: S. 4

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

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.

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