Mansoor Ali Shah Rules on Judicial Restraint
The judgment, which was authored by Justice Syed Mansoor Ali Shah, sets a precedent for the exercise of judicial restraint in service matters, allowing the executive branch to manage its employees with autonomy while ensuring that individual rights are protected and the public interest is served.
The Supreme Court of Pakistan has ruled that courts must exercise judicial restraint and avoid undue interference in service matters, allowing the executive branch to manage its employees with autonomy, as stated in a judgment authored by Justice Syed Mansoor Ali Shah.
The judgment emphasizes the importance of balancing individual rights with the larger public interest and maintaining an efficient and disciplined civil service. In a case involving a former employee of the Board of Intermediate and Secondary Education, Rawalpindi, who was awarded compulsory retirement for 48 days of absence, the court set aside the penalty and directed the competent authority to revisit the case and impose a penalty commensurate with the gravity of the misconduct.
Justice Syed Mansoor Ali Shah stressed the importance of judicial review in preventing abuse of power, but also noted that the judiciary should intervene only in cases of clear illegality, arbitrariness, or mala fide intent. The case involved the dismissal of a Punjab government employee, Mohammad Nasir Ismail, who was charged with wilful absence from duty, inefficiency, and misconduct. The Lahore High Court had rejected the employee's plea, but the Supreme Court set aside the judgment and ordered the Board of Intermediate and Secondary Education (BISE) to revisit the case and impose a penalty proportionate to the gravity of the misconduct.
The court also acknowledged the importance of accountability in civil service, stating that penalties serve multiple purposes, including maintaining discipline and preventing the abuse of power. The judgment highlights the need for a balanced approach, where the judiciary exercises restraint while ensuring that the executive branch does not abuse its power.
The ruling is expected to have significant implications for the management of civil servants in Pakistan, as it clarifies the role of the judiciary in service matters and emphasizes the importance of respecting executive autonomy while preventing abuse of power.
