PROVINCE OF PUNJAB through Additional Chief Secretary, Government of Punjab and anothers vs MUHAMMAD SIDDIQUE KHAN
This petition for leave to appeal was filed by the Province of Punjab against a judgment of the Punjab Service Tribunal, which set aside the dismissal and subsequent demotion of the respondent, Muhammad Siddique Khan. The core legal question before the Tribunal was whether a major penalty could be imposed upon a civil servant without conducting a regular inquiry. The Tribunal found that the department had conceded that no regular inquiry was held prior to imposing the major penalties. Relying on the established legal precedent set by the Supreme Court in the case of Lal Muhammad and another v. Government of Sindh (1980 SCMR 850), the Tribunal held that the imposition of major penalties without a regular inquiry was legally unsustainable and violative of the required procedure. The Supreme Court, upon review, affirmed the Tribunal's decision, noting that the department's actions were contrary to settled law. Consequently, the Supreme Court dismissed the petition, upholding the principle that a regular inquiry is a mandatory prerequisite for the imposition of major penalties against a civil servant.
- Can a major penalty be imposed on a civil servant without conducting a regular inquiry?
- Is the imposition of a major penalty without a regular inquiry violative of established legal principles regarding civil service discipline?
ORDER
' SH. RIAZ AHMED, J.---The Province of the Punjab through the Additional Chief Secretary, Government of the Punjab and another seek leave to appeal against the judgment and order dated 31-3-1998 delivered by the Punjab Service Tribunal whereby it was held that major penalty could not have been awarded to the respondent without holding a regular inquiry and thus the order impugned dated 1-8-1994 dismissing the respondent from service and the order dated 4-9- 1994 whereby the punishment of dismissal was reduced and the petitioner was demoted and reinstated were set aside. In fact it was conceded by the contesting department before the Tribunal that without holding regular inquiry the major penalties were imposed upon the respondent. In view of the dictum laid down by this Court in the case reported as Lal Muhammad and another v. Government of Sindh (1980 SCM R 850) the Tribunal rightly concluded that the dismissal of the respondent from service and the subsequent reduction in the punishment were violative of the said dictum and thus both the orders were set aside.
2. After hearing the learned counsel at length, we do not find any merit in this petition. The Tribunal had rightly acted in setting aside both the orders by placing reliance upon the law laid down by this Court. The petition is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
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