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THE SENIOR GENERAL MANAGER (CHIEF EXECUTIVE OFFICER), PAKISTAN RAILWAYS, RAILWAY HEADQUARTER, LAHORE vs SYED QAISER ABBAS — 2026 PLC(CS) 720 SUPREME-COURT

Case information

Citation
2026 PLC(CS) 720 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2026
Reporter
PLC
Parties
THE SENIOR GENERAL MANAGER (CHIEF EXECUTIVE OFFICER), PAKISTAN RAILWAYS, RAILWAY HEADQUARTER, LAHORE vs SYED QAISER ABBAS
Subject matter
Criminal
Provisions referred to
S. 4---C; Civil Servants 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

THE SENIOR GENERAL MANAGER (CHIEF EXECUTIVE OFFICER), PAKISTAN RAILWAYS, RAILWAY HEADQUARTER, LAHORE VS SYED QAISER ABBAS. S. 4---Civil Servants (Efficiency and Discipline) Rules, 1973, R. 5---Constitution of Pakistan, Arts. 10A & 212(3)---Dismissal from service---Principle of natural justice---Regular inquiry, non-conducting of---Service Tribunal partly accepted appeal of civil servant / respondent and converted punishment of dismissal from service into compulsory retirement---Validity---While imposing any major or minor penalty regular inquiry has to be conducted to establish charges against a civil servant, unless it is dispensed with, while disclosing sufficient reason in writing in terms of Rule 5(iii) of Civil Servants (Efficiency and Discipline) Rules, 1973---Law does not permit dispensation of regular inquiry even in cases where minor penalty is imposed unless there are sufficient reasons disclosed by competent authority for dispensation of regular inquiry---In order to ensure transparency and fair trial in departmental proceedings against a civil servant, adherence to law, rules and procedure prescribed therein must be made in letter and spirit---Fair trial is sine qua non as guaranteed under Article 10A of the Constitution, which has to be read into every statute, including Civil Servants Act, 1973, and cannot be ignored under any circumstances, irrespective of the fact that penalty imposed against a civil servant pursuant to such proceedings is major or minor in nature---Supreme Court declined to interfere in judgment passed by Service Tribunal which did not suffer from any factual error or legal infirmity---Authorities failed to raise any substantial question of law of public importance in terms of Article 212(3) of the Constitution---Petition for leave to appeal was dismissed and leave to appeal was refused.

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