GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Elementary and Secondary, Education Department, Peshawar vs AURANGZEB (EX-PRIMARY SCHOOL HEAD TEACHER) GPS WANNA KHEL TEHSIL TAKHTBHAI DISTRICT MARDAN S — 2025 SCMR 40 SUPREME-COURT

Case information

Citation: 2025 SCMR 40 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Elementary and Secondary, Education Department, Peshawar vs AURANGZEB (EX-PRIMARY SCHOOL HEAD TEACHER) GPS WANNA KHEL TEHSIL TAKHTBHAI DISTRICT MARDAN S
Subject matter: Criminal
Provisions referred to: S. 4---

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

GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Elementary and Secondary, Education Department, Peshawar VS AURANGZEB (EX-PRIMARY SCHOOL HEAD TEACHER) GPS WANNA KHEL TEHSIL TAKHTBHAI DISTRICT MARDAN S. 4--- Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules, 2011, Rr. 5 & 7---Constitution of Pakistan, Art.212(3)---Misconduct---Proof---Death of civil servant---Departmental proceedings---Object, purpose and scope---During pendency of service appeal civil servant passed away, therefore, disciplinary actions initiated by authorities were set aside by Service Tribunal---Validity---Predominant goal of initiating departmental proceedings including inquiry is to decide whether allegations of misconduct in show cause notice are proven and then to confront delinquent regarding why disciplinary action, including imposition of minor or major penalty should not be taken---Before taking such drastic action, a fair opportunity should be provided to employee to defend allegations---In departmental inquiries, standard of proof is based on balance of probabilities or preponderance of evidence---Regular inquiry is commenced only when an even handed and fair opportunity to present a defense is offered---Service Tribunal in determination of facts and law, is the highest appellate forum with exclusive jurisdiction over matters relating to terms and conditions of service of civil servants---Supreme Court may grant leave to appeal under Article 212 (3) of the Constitution, against judgment, decree, order or sentence of Administrative Court or Tribunal only if it is satisfied that the case involves a substantial question of law of public importance, which is otherwise sine qua non---Supreme Court declined to interfere in judgment passed by Service Tribunal as no such question was involved---Petition for leave to appeal was dismissed and leave was refused.

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