| Case ID |
09ba65ea-899a-418d-8094-b0f1e8b4dedb |
| Body |
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| Case Number |
Civil Petition No.1508 of 2009 |
| Decision Date |
Aug 21, 2009 |
| Hearing Date |
Aug 21, 2009 |
| Decision |
The Supreme Court of Pakistan ruled that the Service Tribunal exceeded its authority by modifying the penalty imposed on the civil servant from dismissal to compulsory retirement without sufficient justification. The court emphasized that the Tribunal's powers must be exercised judiciously within the parameters of the Constitution and the law. The dismissal was based on established misconduct of unauthorized absence from duty and previous disciplinary actions against the civil servant. The court set aside the Tribunal's judgment and allowed the appeal, reinstating the original penalty. |
| Summary |
In the case of Civil Petition No.1508 of 2009, the Supreme Court of Pakistan addressed the jurisdiction and powers of the Service Tribunal under the Service Tribunals Act, 1973. The case involved a civil servant who was dismissed from service for unauthorized absence. The Service Tribunal modified the penalty to compulsory retirement citing mitigating circumstances, which led to an appeal by the petitioners. The Supreme Court highlighted the importance of adhering to legal parameters and the necessity for courts and tribunals to act within their jurisdiction. Ultimately, the Supreme Court set aside the Tribunal's ruling, reinstating the original dismissal due to established misconduct. This case underscores the significance of lawful authority in administrative decisions and the ramifications of arbitrary relief in public service matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Malik MUHAMMAD HAMID ULLAH KHAN,
DR. A.Q. KHAN, RESEARCH LABORATORIES
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
CH. IJAZ AHMAD,
GHULAM RABBANI, JJ
|
| Lawyers |
Muhammad Aslam Uns, Advocate Supreme Court,
Mehmood A. Sheikh, Advocate-on-Record
|
| Petitioners |
another,
CHAIRMAN DR. A.Q. KHAN, RESEARCH LABORATORIES
|
| Respondents |
Malik MUHAMMAD HAMID ULLAH KHAN
|
| Citations |
2010 SLD 2301,
2010 PLC 402
|
| Other Citations |
2004 PLC (C.S.) 744
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Removal from Service (Special Powers) Ordinance (XVII of 2000)
|
| Sections |
5,
5
|