MUHAMMAD NASIR ISMAIL vs GOVERNMENT OF PUNJAB through Secretary Law and Parliamentary Affairs Division, Lahore Ss — 2025 PLC(CS) 723 SUPREME-COURT

Case information

Citation: 2025 PLC(CS) 723 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: PLC
Parties: MUHAMMAD NASIR ISMAIL vs GOVERNMENT OF PUNJAB through Secretary Law and Parliamentary Affairs Division, Lahore Ss
Subject matter: Criminal
Provisions referred to: Accountability Act

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 NASIR ISMAIL VS GOVERNMENT OF PUNJAB through Secretary Law and Parliamentary Affairs Division, Lahore Ss. 5 & 13(5)(ii), second proviso---Disciplinary proceedings---Major penalty, imposing of---Absence without leave---Principle of proportionality---Applicability---Punishment of compulsory retirement was imposed upon civil servant who remained absent from service for 48 days, without leave---Validity---Authority of competent authority in imposing any of the three major penalties is not restricted under second proviso to section 13(5)(ii) of Punjab Employees Efficiency, Discipline and Accountability Act, 2006, even where period of absence from duty is less than one year---Where competent authority elects to impose a major penalty in cases of absence from duty for less than a year, it must do so in accordance with the principle of proportionality---Civil servant remained absent from duty for a total of 48 days and imposition of major penalty of compulsory retirement failed to meet test of proportionality---Neither the punishment established rational nexus between misconduct and severity of penalty nor it considered less restrictive alternatives---Supreme Court set aside judgment passed by High Court to the extent of the penalty imposed---Supreme Court directed that reinstatement of civil servant would be subject to a fresh determination by competent authority---Supreme Court directed competent authority to revisit case of civil servant and impose a penalty commensurate with the gravity of misconduct---Appeal was allowed.

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