| Case ID |
0bb556fc-6a56-451d-9506-ac7b3e9f8145 |
| Body |
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| Case Number |
Writ Petition No.2750 of 2017 |
| Decision Date |
Nov 08, 2019 |
| Hearing Date |
Oct 10, 2019 |
| Decision |
The Islamabad High Court allowed the constitutional petition filed by Muhammad Yaqoob, concluding that the disciplinary proceedings conducted against him by the Hydrocarbon Development Institute of Pakistan were not in accordance with the required legal procedures outlined in the Government Servants (Efficiency and Discipline) Rules, 1973. The court found that the petitioner was not properly informed of the charges against him, nor was he provided with the necessary opportunity to defend himself. As such, the penalties imposed were deemed unlawful and the original and appellate orders were set aside. The court also noted that the Hydrocarbon Development Institute had not established any specific regulations governing employee conduct, thus defaulting to the existing government rules until such regulations are in place. |
| Summary |
In the case of Writ Petition No.2750 of 2017, the Islamabad High Court addressed issues surrounding disciplinary actions taken against employees of the Hydrocarbon Development Institute of Pakistan. The court highlighted the importance of adhering to established procedures in disciplinary matters, particularly the Government Servants (Efficiency and Discipline) Rules, 1973. The petitioner, Muhammad Yaqoob, challenged a penalty of withholding annual increments due to alleged procedural failures in his disciplinary proceedings. The court's decision underscored the necessity for transparency and proper communication of charges to employees, ensuring they are afforded a fair opportunity to defend themselves. This case is significant as it emphasizes the enforcement of procedural justice within government institutions and serves as a critical reference for future cases involving disciplinary actions. |
| Court |
Islamabad High Court
|
| Entities Involved |
Hydrocarbon Development Institute of Pakistan
|
| Judges |
MIANGUL HASSAN AURANGZEB, JUSTICE,
MUHAMMAD YAQOOB
|
| Lawyers |
Muhammad Yaqoob Javaid for Petitioner,
Rehan ud Din Golra for Respondent
|
| Petitioners |
Muhammad Yaqoob
|
| Respondents |
HYDRO-CARBON DEVELOPMENT INSTITUTE OF PAKISTAN
|
| Citations |
2021 SLD 2804,
2021 PLC 740
|
| Other Citations |
Muhammad Ismail Shahid v. Executive District Officer (Revenue), Lahore 2008 SCMR 609,
Shams-ud-Din Khawaja v. Government of Pakistan PLD 2003 SC 187,
Tariq Mehmood v. District Police Officer PLD 2008 SC 451,
Khuda-i-Nazar v. The Curator 2000 SCMR 1743,
Major Muhammad Nawaz v. Pakistan through Secretary Communications, Government of Pakistan, Islamabad PLD 1970 Lah. 811,
Clifton and Defence Traders Welfare Association through General Secretary v. President Clifton, Cantonment Board 2003 PLD Kar. 495,
Walt Dad v. Mst. Tasneem Kausar 1999 CLC 163,
Fazl ur Rehman v. Youtius Ali Gillani 1999 MLD 1565,
PK Muhammad v. Karachi Building Control Authority 2003 YLR 1547
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973,
Hydrocarbon Development Institute of Pakistan Act, 2006
|
| Sections |
6,
7,
21,
22
|