| Case ID |
03f7b10e-e0e5-482e-a4f4-791cd50335e2 |
| Body |
View case body. Login to View |
| Case Number |
Appeal No. 166(K)CS of 2019 |
| Decision Date |
Oct 08, 2020 |
| Hearing Date |
Oct 08, 2020 |
| Decision |
The appeal was allowed due to the failure of the authorized officer to provide a show-cause notice or a personal hearing before imposing a major penalty on the appellant. The inquiry report was found insufficient to support the claims against the appellant, and it was highlighted that no one should be condemned unheard. The tribunal emphasized that the procedural safeguards must be adhered to, particularly in cases involving serious penalties. Therefore, the previous orders were set aside, allowing the respondents to initiate a de novo inquiry against the appellant in compliance with the law. |
| Summary |
In this significant case, the Federal Service Tribunal addressed procedural fairness in administrative law, particularly concerning the rights of government servants during disciplinary proceedings. The appellant, Suhail Hussain, challenged a major penalty imposed due to alleged manipulation of election-related documents. The tribunal found that the inquiry officer's conclusions were drawn from insufficient evidence and that the appellant had not been afforded due process, such as a necessary show-cause notice or personal hearing. This case underscores the importance of adhering to the principles of natural justice, particularly the canon of audi alteram partem, which mandates that no individual should be condemned unheard. The tribunal's decision to allow the appeal and set aside the previous orders reinforces the need for rigorous procedural compliance in government disciplinary actions. This ruling is pivotal for future cases involving similar allegations, ensuring that the rights of individuals remain protected under administrative law. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Election Commission of Pakistan
|
| Judges |
Qazi Khalid Ali, Chairman,
Rizwan Ali Dodani, Member,
Suhail Hussain
|
| Lawyers |
Mr. Abdul Hafeez Mirani, Advocate for Appellant,
Mr. Sanaullah Noor Ghouri, Advocate for Respondents
|
| Petitioners |
Suhail Hussain
|
| Respondents |
5 Others,
Federation of Pakistan through Secretary Election Commission of Pakistan
|
| Citations |
2021 SLD 2263,
2021 PLJ 99
|
| Other Citations |
Not available
|
| Laws Involved |
Federal Service Tribunals Act, 1973
|
| Sections |
4
|