| Case ID |
0a0a4fae-5456-468a-946d-65568eba6ad1 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No-434- |
| Decision Date |
May 02, 1985 |
| Hearing Date |
May 02, 1985 |
| Decision |
The Supreme Court granted leave to appeal, allowing the petitioner's appeal against the Federal Service Tribunal's judgment. The Court noted that the Chairman of the Tribunal had taken a different course of action instead of resolving the difference of opinion between the two members. The Court emphasized that the petitioner was prejudiced due to the non-supply of the inquiry report and absence of notice to explain the dismissal. The proceedings were directed to start afresh from the stage of the alleged misconduct, ensuring that the petitioner is provided with necessary documents and an opportunity to defend against the charges. |
| Summary |
The case revolves around the dismissal of Abdul Ghaffar Qureshi, who was charged during a departmental inquiry while working as Assistant Director of Imports and Exports. The inquiry absolved him of seven charges but found him guilty of one related to carelessness in processing import documents. After his dismissal, Qureshi appealed to the Federal Service Tribunal, which resulted in a split decision among the members. The Supreme Court's ruling highlighted the procedural flaws and the need for fair treatment in disciplinary actions, reinforcing the principles of justice and due process in administrative law. The decision is significant for ensuring that officials are afforded their rights during inquiries and the appeal process, particularly in cases that may lead to severe penalties such as dismissal. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Fakhruddin G. Ebrahim,
Faizanul Haq
|
| Petitioners |
ABDUL GHAFFAR QURESHI
|
| Respondents |
FEDERATION OF PAKISTAN
|
| Citations |
1985 SLD 1031,
1985 SCMR 1963
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Service Tribunals Act (LXXI of 1973)
|
| Sections |
Art. 212(3),
S.3-A(2)(6)
|