| Case ID |
0399cf2e-55b4-4a38-98c6-81f5ea326126 |
| Body |
View case body. Login to View |
| Case Number |
Appeal No. 34 of 1988 |
| Decision Date |
Mar 06, 1989 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the orders of the authority terminating the appellant's services were set aside. It was determined that the authority had acted improperly by terminating the appellant's employment based solely on the recommendations of a Member of the Provincial Assembly (M.P.A.) without following the proper rules and procedures. The appellant was reinstated with all back benefits, emphasizing the need for adherence to legal procedures in employment matters. The tribunal recognized the importance of ensuring that government functionaries are well-versed in service laws to prevent similar injustices in the future. |
| Summary |
This case revolves around the termination of the appellant's service as a Chowkidar, which was challenged in the Service Tribunal. The appellant argued that his termination was invalid as it was carried out based on the recommendation of an M.P.A. without any legal basis. The Tribunal found that the authority did not have the jurisdiction to terminate the appellant's services under the existing rules. It highlighted the importance of following proper protocols in employment decisions and reinstated the appellant with back pay. This case underscores the necessity for government officials to be knowledgeable about service laws to avoid arbitrary actions and ensure fair treatment of employees. Keywords: service tribunal, employment law, administrative justice, government servants, reinstatement. |
| Court |
Service Tribunal, N.W.F.P.
|
| Entities Involved |
Government of N.W.F.P.,
M.P.A.
|
| Judges |
Malik Muhammad Pervez Khan
|
| Lawyers |
Muhammad Zahir Khan,
Special Government Pleader,
Said Tahir Khan
|
| Petitioners |
Appellant
|
| Respondents |
Respondent No. 6,
Respondent No. 7,
Secretary Education, Government of N.W.F.P. Peshawar
|
| Citations |
1989 SLD 1322,
1989 PLC 439
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Service Tribunals Act (I of 1974),
North-West Frontier Province Government Servants (Efficiency and Service) Rules, 1973
|
| Sections |
4,
5,
6
|