SECRETARY TO GOVERNMENT OF THE PUNJAB, LAW AND PARLIAMENTARY AFFAIRS DEPARTMENT, LAHORE vs ALI AHMAD KHAN S

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SECRETARY TO GOVERNMENT OF THE PUNJAB, LAW AND PARLIAMENTARY AFFAIRS DEPARTMENT, LAHORE VS ALI AHMAD KHAN S. 4---Service appeal---Absence without leave---Appellate jurisdiction, exercise of---Pre-conditions---Respondent/civil servant remained absent from duty without leave and was proceed against departmentally---Authorities imposed major penalty of reduction to lower post---Service Tribunal allowed appeal filed by respondent/civil servant and set aside the penalty---Validity---While exercising appellate jurisdiction under the provisions of Service Tribunals Acts the first and foremost duty is to thoroughly examine all facts of the case and diligently address all factual and legal pleas raised by parties, and then decide whether proceedings for misconduct, initiated through show cause notice and statement of allegations, have duly been proved or not---In case penalty is imposed as a result of a regular inquiry, it is also necessary to examine inquiry proceedings and inquiry report, along with recommendations forwarded by inquiry officer/inquiry committee to competent authority for further action in accordance with law---In service appeals challenging minor or major penalties imposed upon civil servants, core issue is to evaluate gravity of charges and proof of guilt of delinquent during inquiry---Without adverting to inquiry proceedings and report, it would not be possible for Service Tribunal to reach a just and proper conclusion---Merely treating period of absence without pay in cases where punishments are imposed by competent authority other than dismissal/removal from service neither exonerate respondent from charge of misconduct nor act of misconduct is vanished on such count alone---In the present case such benefit was accorded by taking a lenient view to avoid breakup in the length of service only which did not amount to exoneration from period of absence---Supreme Court set aside order passed by Service Tribunal and service appeal filed by respondent / civil servant was dismissed---Appeal was allowed.

SECRETARY TO GOVERNMENT OF THE PUNJAB, LAW AND PARLIAMENTARY AFFAIRS DEPARTMENT, LAHORE vs ALI AHMAD KHAN S — 2025 PLC(CS) 549 SUPREME-COURT

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