| Case ID |
04052ca4-8c34-4630-81e6-2e345c0f919a |
| Body |
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| Case Number |
Appeals Nos. 151/56, 233/36, 71/52, 283/6 of 1977 |
| Decision Date |
Jan 01, 1980 |
| Hearing Date |
Oct 30, 1976 |
| Decision |
The tribunal found that the proceedings against the appellants were initiated under the influence of the Federal Government, which had no authority to interfere in the disciplinary actions against provincial civil servants. The tribunal emphasized that the competent authority must exercise independent judgment, free from external pressures. The tribunal ruled that the show-cause notices were defective, lacking necessary details, and that the appellants were not given a reasonable opportunity to defend themselves. As a result, all appeals were accepted, and the impugned orders were set aside. |
| Summary |
In this significant case, the Service Tribunal of Punjab addressed the appeals filed by five former civil servants who challenged their compulsory retirement orders issued by the Punjab Government under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. The tribunal scrutinized the legality of the proceedings initiated by the Federal Government, which had directed the provincial authority to take disciplinary action against the appellants. The tribunal concluded that the Federal Government overstepped its bounds, as the service matters of provincial civil servants should be managed by provincial authorities. The tribunal found multiple violations of procedural fairness, including insufficient notice and lack of opportunity for the appellants to defend themselves adequately. As a result, the tribunal ruled in favor of the appellants, setting aside their retirement orders and highlighting the importance of following due process in disciplinary actions. This case underscores the critical balance between federal oversight and provincial autonomy in civil service matters, reaffirming the principles of natural justice and fair procedure in administrative actions. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
M. Saleem Chaudhry,
Khalid Faruq
|
| Lawyers |
Masood Ahmad Riaz,
Ch. Riasat Ali,
Muhammad Aslam Virk,
Abdul Aziz,
A. G. Humayun
|
| Petitioners |
Muhammad Ishaque,
Mubarik Ahmad Malik,
Muhammad Aslam Virk,
M. R. Khalid,
Ch. Muhammad Zafarullah Khan
|
| Respondents |
Federation of Pakistan
|
| Citations |
1980 SLD 1413,
1980 PLC 418
|
| Other Citations |
Syed Fayyaz Hussain Qadri v. The Administrator, Lahore Municipal Corporation, Lahore P L D 1972 Lah. 316,
Dost Muhammad v. Deputy Commissioner, Multan, etc. 1978 N L R 10,
P L D 1973 Lah. 220,
Law Notes 1971 Lah. 395,
P L D 1977 Lah. 442,
P L D 1976 Lah. 1013,
P L D 1955 Sind 250,
P L D 1957 Lah. 925,
P L D 1963 Lah. 295
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975,
Constitution of Pakistan (1973)
|
| Sections |
5,
6(3),
8,
19,
149,
129,
139
|