GABRIEL FRANCIS vs REGISTRAR, LAHORE HIGH COURT, LAHORE S — 2026 PLC(CS) 169 PUNJAB-SUBORDINATE-JUDICIAL-SERVI

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GABRIEL FRANCIS VS REGISTRAR, LAHORE HIGH COURT, LAHORE S.5---Judicial Officer---Misconduct---General reputation of being corrupt---Imposition of penalty of dismissal from service---Principle where general reputation of corruption is attributed to an officer, the superior courts have leaned in favour of imposing the penalty of compulsory retirement---Exception created to such principle---Scope---Such principle is based on the rationale that in order to maintain honesty and integrity among service personnel, improve efficiency in administration of justice and restore public confidence in State institutions, officers of doubtful integrity or suspected of corruption can be compulsorily retired where sufficient evidence is not available to dismiss or remove them from service after considering the employee's length of service, the nature of offence and the context surrounding misconduct---Charge had been proved against the appellant, which swayed the authority to impose the major penalty of dismissal from service upon him---Service appeal of the judicial officer was dismissed, in circumstances. S.5---Judicial Officers' Protection Act (XVIII of 1850), S.1---Control of Narcotic Substances Act (XXV of 1997), S.75---Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R.3---Service appeal---Judicial Officer---Charge of misconduct---Granting of post arrest bail on the basis of fake report of Chemical Examiner in deviation of prescribed procedure for Judicial Officers---Effect---Imposition of penalty of dismissal from service---Protection against inadvertent mistakes in judicial acts/order---Scope---Contention of the appellant was that no penalty could be imposed upon him for the reasons that he had been exonerated by the Hearing Officer and being judicial officer he was constitutionally and legally protected for judicially committed inadvertent mistake---Validity---Appellant cross-examined the Investigating Officer (I.O) during the inquiry and suggestions put by him to the I.O. had established that the appellant was hand in glove with the accused of the case---Appellant had privately been briefed by the said accused---Findings of the Hearing Officer qua exoneration of the appellant rest the premises that fake report was placed on the record by the I.O. and as such, there was no fault on the part of the appellant but the said findings were not supported by the record, as well as by the proceedings conducted by the Inquiry Officer because evidence/documents brought on the record during the inquiry had not been considered and properly appreciated by the Hearing Officer, thus, the Authority imposed major penalty of dismissal from service upon the appellant---Three elements had conjoined i.e. the appellant passed a judicial order in deviation of prescribed procedure in the Circular and express mandate of CNSA; the appellant passed judicial order with mala fide intent for extraneous considerations which was proved on record in terms that the appellant was in close contact with the accused persons, who were beneficiary of bail granting order and the appellant had acquired a general reputation of being corrupt---Such elements taken together proved the charge against the appellant and swayed the authority to impose the major penalty of dismissal from service upon him---Principle of according protection to judicial orders is well entrenched in our jurisprudence provided they are passed in good faith without an element of mala fide, however, there is no concept of complete and absolute immunity if extraneous considerations are vividly established---Service appeal was dismissed, in circumstances.

GABRIEL FRANCIS vs REGISTRAR, LAHORE HIGH COURT, LAHORE S — 2026 PLC(CS) 169 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNAL

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