HUSNAIN BROHI vs FEDERATION OF PAKISTAN through Secretary, Establishment Division R

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HUSNAIN BROHI VS FEDERATION OF PAKISTAN through Secretary, Establishment Division R.11---Civil Servants (Efficiency and Discipline) Rules, 1973, R.6-A---Constitution of Pakistan, Art. 13(a)---Civil service---Revisional powers of Prime Minister to initiate de novo proceedings---Scope---Double jeopardy---Imposition of minor penalty of withholding of annual increments of two years---Setting aside of penalty order by the Federal Service Tribunal with the observation to reconsider the matter within a period of 02 months---Disappearance of alleged offence---Initiation of de novo proceedings against the petitioner upon the direction of the Prime Minister with a delay of 07 years---Validity---Prime Minister's reference to R. 6-A of Civil Servants (E&D) Rules, 1973, (Rules-1973) in the order was misconceived as his power only flowed to the extent of revision under R. 11(3) of the Civil Servants (E&D) Rules, 2020, (Rules, 2020), which specifically barred the Prime Minister to call for a disposed of case if that case had been disposed of for more than one year---In the case the delay was 7 years and as such the Prime Minister's order to reopen the case against the petitioner on a de novo basis was misconceived based on the particular facts and circumstances of this case and particularly under the proviso to R. 11 (3) of Rules-2020---Exercise of such power might be contrary to Art. 13 (a) of the Constitution as it would lead to a person, who had served out his punishment again being subjected to a further and potentially greater punishment based on the same allegations/offences which he had already been exonerated from, which might prima facie amount to a case of double jeopardy---Prime Minister should have been more cautious in exercising his power of review under R. 11(3) of Rules, 2020 even if he was acting within the stipulated time limit of one year by seeking proper assistance from the concerned department keeping in view the particular facts and circumstances of each case---Department failed to act upon the order and did not lodge any appeal against the same which had attained finality----Order was passed 3 years after the notification awarding the minor penalty on the petitioner which punishment had already been served/carried out by the petitioner albeit he was later exonerated---Petitioner was promoted by the department after serving out his punishment from which he was later exonerated and the Company which allegedly had been illegally benefitted by the petitioner's alleged inefficiency, misconduct and corruption had been exonerated of any wrong doing---Constitutional petition was allowed, in circumstances.

HUSNAIN BROHI vs FEDERATION OF PAKISTAN through Secretary, Establishment Division R — 2025 PLC(CS) 992 KARACHI-HIGH-COURT-SINDH

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