GOVERNMENT OF THE PUNJAB through Chief Secretary, Lahore and others vs MUHAMMAD AFZAL KHAN
This matter concerns a petition for leave to appeal against a judgment of the Punjab Service Tribunal, which set aside an order passed by the Secretary, Agriculture Department, Government of the Punjab. The Secretary had exercised revisional powers under Rule 18 of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, to enhance a minor penalty of censure to a major penalty of reduction in time scale. The core legal question before the Supreme Court involves the interpretation of Rule 18, specifically whether the Secretary to the Government of the Punjab, Agriculture Department, possesses the authority to exercise suo motu revisional powers under the said rules. Furthermore, the Court identified a significant issue regarding whether the same authority can simultaneously exercise both appellate and revisional powers, and whether such a practice aligns with the principles of justice, fair play, and equity. Finding that these contentions require detailed consideration, the Supreme Court granted leave to appeal, converting the petition into an appeal for further adjudication on the scope of revisional jurisdiction and the propriety of dual-role exercise by departmental authorities.
- Can the Secretary to the Government of the Punjab, Agriculture Department, exercise suo motu revisional powers under Rule 18 of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975?
- Is it legally permissible for the same authority to simultaneously exercise both appellate and revisional powers in disciplinary proceedings against a civil servant?
- Does the exercise of dual appellate and revisional authority by a single departmental officer violate the principles of justice, fair play, and equity?
- Rule 18, Punjab Civil Servants (Efficiency and Discipline) Rules, 1975
ORDER
' JAVED IQBAL, J---This petition for leave to appeal is directed against the judgment dated 15-8- 2001 passed by the Punjab Service Tribunal, Lahore, whereby the appeal preferred on behalf of respondent has been accepted and the order dated 13-1-1999 passed by the Secretary Agriculture, Government of the Punjab, Agriculture Department exercising revisional powers as conferred upon Government under rule 18 of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 whereby minor penalty of censure (instead of censure the word "warning" has been mentioned by the authorized officer which may be due to an inadvertent omission) was substituted with major penalty of reduction in time scale by two stages, was set aside.
2. It is, inter alia, contended by Miss Salma Malik, learnedAssistant Advocate-General Punjab that the provisions as contained in rule 18 of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 have been misinterpreted and misconstrued by the learned Service Tribunal holding that Secretary to Government of the Punjab, Agriculture Department could not suo motu exercise revisional powersconferred upon Government pursuant to rule 18 of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 which would have drastic impact on various cases initiated/finalized under the Punjab Civil Servants (efficiency and Discipline) Rules, 1975. It is next contended that order of authorized officer cannot be treated as sacrosanct and can be reversed or altered by the Government while exercising revisional jurisdiction.
3. Muhammad Afzal Khan (respondent) is present in person and supported the judgment impugned by reiterating the reasons as enumerated therein.
4. The contentions as agitated on behalf of Government of the Punjab need consideration. It is also to be seen as to whether Secretary to Government of the Punjab, Agriculture Department can simultaneously exercise the powers of Appellate as well as revisional Authority and if so, whether it would be in the interest of justice, fair play and equity?
' In sequel to the above mentioned discussion we are inclined to grant leave and accordingly this petition is converted into appeal which may be fixed at some early date.