Latest news with #PunjabServiceTribunal
Express Tribune
6 days ago
- Politics
- Express Tribune
Punishment must be proportionate: SC
The Supreme Court has ruled that proportionality must be applied with discipline, care and sensitivity to context, especially in cases involving fundamental rights and human dignity. In a service matter involving a sub-inspector, the apex court stressed that the principle of proportionality offers a structured framework for judicial review of administrative actions. The four-page judgment, authored by Justice Syed Mansoor Ali Shah, explained that the principle of proportionality provides a structured framework for judicial review of administrative actions. "Developed across various constitutional jurisdictions, it involves a four-step test: (i) the measure must pursue a legitimate aim; (ii) be suitable to achieve that aim; (iii) be necessary, in that no less restrictive alternative exists; and (iv) strike a fair balance between the measure's impact on individual rights and the public interest." This court has recently introduced and adopted this four-stage test to assess the legality and fairness of administrative and disciplinary decisions. Such a framework ensures that any interference with rights is justified, necessary, and lawful," reads the four-page order. The judgment was passed in a service matter where the Punjab Service Tribunal had partially allowed the appeal of a sub-inspector and modified the penalty from a two-stage to a one-stage reduction in pay through an order dated February 2, 2016. According to the tribunal, while an investigation had been conducted, the prosecution "failed to produce even a shred of evidence" to substantiate the allegations. A division bench of the apex court, led by Justice Shah, heard the sub-inspector's appeal against the tribunal's ruling. The order noted that despite these clear findings, the tribunal opted only to reduce the penalty rather than exonerate the petitioner. "It appears that the Tribunal relied, albeit implicitly, on the principle of proportionality, finding the original penalty disproportionate to the alleged misconduct. However, this application was both legally flawed and logically inconsistent with its own conclusion when no misconduct was established. The Tribunal failed to properly exercise its discretion under Section 5 of the Punjab Service Tribunals Act, 1974, which empowers it to confirm, set aside, vary, or modify impugned orders. While the Tribunal has authority to vary the punishment in appropriate cases, such discretion must be exercised judiciously grounded in the record, legal standards, and principles of fairness," the order stated. The court noted that judicial interference in disciplinary penalties is only warranted when the punishment is "arbitrary, perverse, or based on irrelevant considerations". "Once the Tribunal found that the allegations were wholly unsubstantiated, the only lawful outcome was to exonerate the petitioner." The judgment further elaborated that proportionality fosters a stable and systematic method for constitutional adjudication.
Express Tribune
05-05-2025
- Politics
- Express Tribune
SC stresses neutrality in civil service
The Supreme Court has emphasized that civil service must remain free from political interference, observing that the bureaucracy is intended to serve as the steel frame of the state, not a rubber stamp for any ruling political party. The apex court made the observations in a seven-page judgement authored by Justice Syed Mansoor Ali Shah while setting aside the Punjab Service Tribunal's decision that had denied promotion to a lecturer. "The civil bureaucracy serves as the backbone of the state, entrusted with ensuring continuity, stability, and efficiency in governance," the ruling stated. It emphasised that, unlike political leadership, which changes with electoral cycles, the civil service provides "the institutional memory and administrative steadiness required for uninterrupted government functioning". The lecturer's case was forwarded for promotion through a working paper submitted by the department. However, on March 7, 2019, the Departmental Promotion Committee (DPC) deferred her promotion on the pretext that the rules required amendment, and stated that promotions would be considered subsequently. Her representation against the DPC's decision was rejected on August 19, 2019, while her departmental appeal was dismissed on November 29, 2019. Consequently, she challenged both orders through a service appeal before the Punjab Service Tribunal, Lahore, which was also dismissed via an order dated January 10, 2022. Setting aside the tribunal's decision, the SC's division bench led by Justice Shah noted that the civil service played a vital role in implementing policies, delivering services, and upholding the institutional framework of the state. "A fundamental characteristic of an effective civil service is impartiality and meritocracy. In order to perform this role effectively, the civil service must remain free from political interference. Its independence, integrity, and intellectual honesty are essential to sustaining the rule of law and the constitution. Its allegiance lies with the Constitution and the law, not with shifting political winds." Citing Professor Lorne Sossin, the bench emphasised that civil servants were the guardians of public trust and their duty of loyalty to the public interest must, in some circumstances, be a higher obligation than the duty of loyalty owed to the government of the day. "They should not be penalised for opposing government policies, especially in cases of illegal acts or threats to public safety." "Max Weber's classic theory of bureaucracy reminds us that only a professional, merit-based, and politically neutral civil service can sustain the rational-legal authority of a modern constitutional State. E.N. Gladden consistently stresses that the civil servant's loyalty is to the state and its institutions, not to transient political leaders or parties." The SC bench noted that in the end, "we draw strength from the words of our founding father, Quaid-e-Azam Muhammad Ali Jinnah, who said: Civil officers should have no hand in supporting this political party or that political party, this political leader or that political leaderthis is not [their] business".
