GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY HOME, PESHAWAR vs ATTIQ ULLAH KHAN — 2026 SCMR 521 SUPREME-COURT

Case information

Citation: 2026 SCMR 521 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY HOME, PESHAWAR vs ATTIQ ULLAH KHAN
Subject matter: Criminal

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 HOME, PESHAWAR VS ATTIQ ULLAH KHAN. Rule 2(1)(l)---Khyber Pakhtunkhwa Police Rules, 1975, Rule 2(iii)---Termination from service---Employee sent to civil prison in execution of a civil liability---Civil imprisonment considered as a conviction by department by terming it as misconduct---Legality---Misconduct---Scope. In case a civil servant has been sent to civil prison on his failure to deposit the decretal amount pursuant to a judgment or decree in a civil suit, such imprisonment does not fall within the definition of misconduct. A civil servant sent to civil prison for execution of a civil liability is not charged for any moral offence nor is he convicted by a Court of law for a criminal offence. The act of detention in civil prison under execution proceedings is intended for recovery of decretal amount and enforcement of a decree and does not amount to punishment for any criminal act. Therefore, civil imprisonment arising out of execution of civil liability cannot be treated as conviction for the purpose of service law and cannot form the basis of termination from service on account of misconduct. The department was not justified in treating civil imprisonment as conviction and initiating action against the employee on such basis.

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