Dr. ITRAT MALIK vs STATE LIFE INSURANCE CORPORATION OF PAKISTAN Reglns

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Dr. ITRAT MALIK VS STATE LIFE INSURANCE CORPORATION OF PAKISTAN Reglns. 30 & 31---Constitution of Pakistan, Art. 199---Constitutional petition---"Misconduct"---Imposing minor/major penalties---Censure---Non-conducting of inquiry---Petitioner was employee of State Life Insurance Corporation (SLIC) and her dismissal from service was set-aside by the High Court, which was upheld by the Supreme Court---Subsequently the petitioner was censured by the SLIC and her period out of service was treated as leave without pay---Validity---Censure is generally considered a minor disciplinary action, often a formal reprimand or expression of disapproval for misconduct or poor performance---Proposed penalty against petitioner required proper inquiry under Regln. 31 of State Life Employees (Service) Regulations, 1973---Respondent-company failed to conduct such inquiry before issuing minor penalty of censure---Inquiry officer's attempts to find petitioner guilty on all charges led to her reinstatement by competent authority without looking into the factum of misconduct---Censure order was unsustainable because the inquiry was not conducted according to State Life Employees (Service) Regulations, 1973---High Court in exercise of Constitutional jurisdiction, could not convert such flawed penalty into a different one---Unconditional setting aside of dismissal or demotion necessitated back benefits---Granting back benefits to illegally removed employees was the rule, and denial was the exception---Reinstatement after illegal dismissal meant continuous service, entitling the employee to back pay---Only exception was where employee had other employment or profitable business during the dismissal period and such earnings could be an offset against back pay---High Court directed the Insurance Corporation to pay back service benefits as petitioner was entitled to the same and set aside order in question---Constitutional petition was allowed accordingly.

Dr. ITRAT MALIK vs STATE LIFE INSURANCE CORPORATION OF PAKISTAN Reglns — 2025 PLC(CS) 921 KARACHI-HIGH-COURT-SINDH

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