[Supreme Court of Pakistan] Present: Javed Iqbal and Faqir Muhammad Khokhar, JJ PROVINCE OF PUNJAB through Secretary C&W Department and others----Petitioners Versus IBRAR YOUNAS BUTT----Respondent Civil Petition No.3815-L of 2002, decided on 19th June, 200 (On appeal worn the judgment dated 17-10-2002 of the Punjab Service -Tribunal, Lahore, passed in Appeal No.788 of 2002). (a) Civil service--- ---Good governance largely dependent on upright, honest and strong bureaucracy---Subservient bureaucracy neither helpful to Government nor inspires confidence in administration---Duty of Government servant to comply with only legal and competent order/direction of -his superior Authority, but not illegal and incompetent order/direction on any plea including risk of disciplinary action---Duty of bureaucrat to apprise elected representative placed as incharge of Government Department about niceties of administration, provide him correct guidance and bring to his notice legal infirmities in the orders/directions---Principles. Zahid Akhtar v. Government of Punjab PLD 1995 SC 530 fol. (b) Punjab Service Tribunals Act (IX of 1974)----- ----S. 4---Constitution of Pakistan (1973), Art.212(3)---Deputation--Lien---Civil servant while on deputation was permanently absorbed in borrowing Department with consent of parent Department---Repatriation of civil servant to his parent Department after lapse of one decade and treating intervening period spent in borrowing Department on deputation---Service Tribunal accepted appeal of civil servant--Validity---After termination of his lien in parent Department, civil servant could not be repatriated without affording him proper opportunity of hearing as certain vested rights had accrued in his favour after permanent absorption---Repatriation could not be directed in an arbitrary manner as no unfettered powers had been conferred upon Chief Secretary to pass such order, which was not in accordance with relevant law and rules made thereunder---After lapse of more than a decade, validity of initial appointment and subsequent absorption could not be questioned save in accordance with law---Performance of civil servant was not above board, who was facing some inquiries on account of corruption---Proper course for Authority was to complete inquiry, and in case allegation of corruption was proved, civil servant could be shunted out from service in accordance with law---Corrupt civil servant would neither become an angel after his repatriation from one Department to the other nor same would be a solution in such-like problems---Order of repatriation had resulted in serious miscarriage of justice---Impugned order being well-based did not warrant any interference---Supreme Court dismissed petition and refused to grant leave to appeal.
Posted on: Sun, 01 Dec 2013 09:10:20 +0000
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