| Case ID |
0a5eeeb1-f5ca-4490-9200-26b55f5a325b |
| Body |
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| Case Number |
Appeal No. 3 of 1995 |
| Decision Date |
May 23, 1995 |
| Hearing Date |
May 18, 1995 |
| Decision |
The appeal was allowed, and the impugned order to delete the appellant's name from the confirmation list was set aside. The tribunal found that the removal of the appellant's name constituted a deconfirmation, which could not be done without proper legal grounds. The tribunal emphasized the necessity of providing the appellant a chance to defend himself against allegations before such a decision was made. The tribunal criticized the vague nature of the grounds for removal and pointed out that mere involvement in criminal cases should not automatically disqualify an official from their service benefits, including confirmation. The tribunal concluded that the appellant's confirmation created a vested right that could not be arbitrarily rescinded. |
| Summary |
The case revolves around the appeal of Muhammad Ayaz Khan, a Police Inspector, challenging the order of the Inspector General of Police (I.G.P.) which deleted his name from the list of confirmed Inspectors. The Service Tribunal examined the legality of the I.G.P.'s order and found it arbitrary and capricious due to the lack of opportunity for the appellant to defend himself against allegations of criminal involvement. The tribunal ruled that the confirmation order created a vested right and could not be revoked without following due process. This case highlights the importance of fair procedure in administrative decisions affecting civil servants and the necessity to provide clear grounds for such decisions. In conclusion, the tribunal set aside the I.G.P.'s order and reinstated the appellant's confirmation status. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
MUNAWAR ALI KHAN,
S. NASIM HAIDER,
PIR ABDUL HAQUE JAN SIRHINDI
|
| Lawyers |
M.M. Aqil Awan,
Azizur Rehman
|
| Petitioners |
MUHAMMAD AYAZ KHAN
|
| Respondents |
INSPECTOR GENERAL OF POLICE
|
| Citations |
1997 SLD 769 = 1997 PLC 391
|
| Other Citations |
Pakistan v. Muhammad Hidayatullah PLD 1961 SC 404
|
| Laws Involved |
Not available
|
| Sections |
Not available
|