| Case ID |
093371f2-6e63-4314-8fa3-bd0156b5d09f |
| Body |
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| Case Number |
Appeal No.132(K)C.S. of 2005 |
| Decision Date |
Jan 09, 2008 |
| Hearing Date |
|
| Decision |
The Tribunal decided that the penalty of removal from service imposed on the appellant was invalid due to the absence of a formal inquiry. The appellant was accused of misappropriating a renewal fee amounting to Rs.54,815 by issuing fake PT-24 receipts. The Tribunal found that the show-cause notice was based on a report by the Vigilance Team, which was not substantiated by a proper inquiry. As a result, the Tribunal set aside the impugned order and directed the reinstatement of the appellant into service from the date of dismissal, with the option for the respondents to conduct a regular inquiry. |
| Summary |
The case revolves around the removal of Shah Nawaz Saheto from service due to allegations of misappropriation involving fake PT-24 receipts. The Federal Service Tribunal reviewed the proceedings and noted the lack of a formal inquiry, which is critical in such disciplinary actions. The Tribunal emphasized the necessity for a thorough investigation, including the examination of relevant witnesses, to uphold the principles of justice. The decision highlights the importance of adhering to procedural requirements in disciplinary matters, particularly when severe penalties like dismissal are involved. The Tribunal's ruling underscores the legal standards set by the Removal from Service (Special Powers) Ordinance, 2000, and the Service Tribunals Act, 1973, which safeguard the rights of employees against arbitrary actions. This case serves as a precedent in ensuring due process in employment disputes and reinforces the necessity for competent authority in administrative actions. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD JAVED ASHRAF HUSSAIN,
SALIM GUL SHAIKH
|
| Lawyers |
Ansari Abdul Latif,
Asif Hussain Mangi
|
| Petitioners |
SHAH NAWAZ SAHETO
|
| Respondents |
,
DEPUTY POST MASTER GENERAL/ APPELLATE AUTHORITY
|
| Citations |
2008 SLD 1269,
2008 PLC 593
|
| Other Citations |
PLD 1985 SC 134,
PLD 1994 SC 222,
1993 SCMR 603,
1993 SCMR 1440,
1997 PLC (C.S.) 817,
1997 PLC (C.S.) 873,
PLC 1971 SC 1241,
PLD 1972 SC 271
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance, (XVII of 2000),
Service Tribunals Act, 1973
|
| Sections |
3(1)(b),
5,
10,
4
|