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MUHAMMAD AFZAL ZAHID vs LAHORE HIGH COURT, LAHORE S — 2025 PLC(CS) 669 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNAL

Case information

Citation
2025 PLC(CS) 669 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNAL
Year
2025
Reporter
PLC
Parties
MUHAMMAD AFZAL ZAHID vs LAHORE HIGH COURT, LAHORE S
Subject matter
Service
Provisions referred to
S. 5---J

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

MUHAMMAD AFZAL ZAHID VS LAHORE HIGH COURT, LAHORE S. 5---Judicial officer---Service appeal---Allegation of corruption and ill-repute---Recording of adverse remarks---Penalty of removal from service---Long service---Mitigating circumstances---Quantum of punishment---Principle of proportionality---Conversion of penalty---P.W. 4 during his examination-in-chief stated that appellant did not receive even a penny and during his cross-examination he denied his signature on the complaint and disowned its contents---P.W.5 during his cross-examination stated that he had not personally paid any illegal gratification to the appellant and could not identify the official, who allegedly demanded the illegal gratification---Charge of receiving illegal gratification had not been proved against the appellant, however, allegations of corruption and ill-repute remained on record---Owing to mitigating circumstances and analyzing different factors the penalty of removal from service was converted into compulsory retirement---Courts have consistently emphasized the importance of considering the employee's length of service, the nature of the offence and the context surrounding the misconduct---A fair and just approach to disciplinary actions is essential in maintaining morale and ensuring that penalties are proportionate to the offences committed---Penalty of removal from service was not proportionate to the gravity of the misconduct proved against the appellant, thus, the same was converted into compulsory retirement---Appeal was partly allowed, in circumstances.

Other judgments reported in 2025 PLC

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