Self-Contradictory Judgment Defeats the End of Justice. The Punishment Shall be Proportionate to the Offence: SC
The Lahore High Court, Lahore, observed in a case that the Appellant has unblemished record. She has never been indulged in legally objectional behavior during her employment. Keeping in view her unblemished track record, she cannot be imposed major penalty to dismiss her from service. However, in the next paragraph, the HC ruled that since she has been negligent in her duty as the bank employee, hence she is dismissed from the service. The HC ruled so in a similar paragraph. This is a self-contradictory statement.
The very case was brought up before the Supreme Court where the SC held that the courts’ orders must be clear and unequivocal in letter and spirit. They shall convey a consisting meaning throughout. Self-contradictory orders and judgments do not serve the purpose of rendering a ruling i.e. to decide a lis finally and provide justice.
The while allowing the petition ruled that once it is proved and a court reaches the conclusion that a person has committed a minor mistake or he/she has been just negligent on a minor level, the court shall refrain from imposing a major penalty of dismissal from the service. The Court asserted that the settled law is that the punishment must be proportionate to the wrong committed.
c.a._836_l_2013
