| Case ID |
0914de8b-2400-4e35-83fb-b19f4ab3a669 |
| Body |
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| Case Number |
Civil Appeal No. 50 of 1988 |
| Decision Date |
May 14, 1988 |
| Hearing Date |
May 14, 1988 |
| Decision |
The Supreme Court of Pakistan allowed the appeal against the order of the N.W.F.P. Service Tribunal, which had reinstated Bashir Hussain with full back benefits despite a finding of inefficiency against him. The Court ruled that the proceedings against the respondent were in violation of mandatory provisions of Rule 5 of the North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973. Consequently, the order of removal from service could not be maintained, and the case was remanded to the Authority to proceed in accordance with law. This decision emphasized the importance of adhering to procedural regulations in disciplinary actions against government servants. |
| Summary |
This case revolves around the appeal filed by the Senior Civil Judge against the N.W.F.P. Service Tribunal's decision to reinstate Bashir Hussain, a Civil Nazir, who was removed from service due to misconduct involving financial defalcation. The Supreme Court examined whether the Tribunal had the authority to set aside the removal order entirely or simply reduce the punishment. The Court found significant procedural defects in the original proceedings, particularly violations of mandatory rules established in the Efficiency and Discipline Rules. The ruling highlighted the necessity for proper procedural conduct in administrative disciplinary matters, ensuring that government employees are treated fairly and justly under the law. This case serves as a critical reference for future instances involving procedural compliance in disciplinary actions within government services. Keywords: Supreme Court of Pakistan, Bashir Hussain, procedural defects, government servants, disciplinary action, reinstatement, efficiency and discipline rules, legal compliance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
NASIM HASAN SHAH,
SHAFIUR RAHMAN,
GHULAM MUJADDID MIRZA,
ALI HUSSAIN QAZILBASH,
USMAN ALI SHAH
|
| Lawyers |
Mian M. Ajmal, Assistant Advocate-General
|
| Petitioners |
another,
SENIOR CIVIL JUDGE
|
| Respondents |
BASHIR HUSSAIN
|
| Citations |
1988 SLD 2547,
1988 SCMR 1316
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973,
Frontier Province Service Tribunals Act (I of 1974)
|
| Sections |
212(3),
Rule 5,
4
|