Legal Case Summary

Case Details
Case ID 0bc968cd-37c7-4ca1-bb77-020320abbaaf
Body View case body.
Case Number Appeals Nos. 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14
Decision Date Feb 21, 1988
Hearing Date Jan 18, 1987
Decision The tribunal ruled that the dismissal of the appellants was illegal and against the principles of natural justice. The appellants, who were temporary employees, could not be dismissed without a thorough inquiry and opportunity to defend themselves. The tribunal emphasized that even temporary employees have rights that must be respected, and the lack of a proper inquiry into the allegations of misconduct rendered the dismissal void. The appeal was accepted, and the appellants were entitled to half pay and full allowances as per the relevant financial regulations.
Summary In the case before the Service Tribunal of N.W.F.P., the appellants, FEROZ KHAN and 11 others, challenged their unlawful dismissal from service as Patwaris. The tribunal found that the dismissals were executed without due process, violating principles of natural justice and equity. The appellants were accused of misconduct and inefficiency but were not provided a proper inquiry or show-cause notice before their abrupt dismissal. The tribunal highlighted that even temporary employees have the right to defend against allegations and cannot be dismissed summarily. The decision reinforced the importance of following legal procedures in employment matters, particularly regarding disciplinary actions. This case underscores the necessity of upholding employee rights and the legal frameworks designed to protect them, particularly in terms of procedural fairness and justice. Keywords such as 'employment law', 'dismissal procedures', 'natural justice', and 'temporary employment rights' are crucial in understanding the implications of this ruling.
Court Service Tribunal, N.W.F.P.
Entities Involved Not available
Judges MALIK MUHAMMAD PERVAZ, CHAIRMAN, MUHAMMAD FARIDOON, MEMBER
Lawyers Atiq-ur-Rehman Qazi for Appellants, Public Prosecutor/ Special Government Pleader for Respondents
Petitioners 11 others, FEROZ KHAN
Respondents another, COMMISSIONER, MALAKAND DIVISION
Citations 1988 SLD 976, 1988 PLC 279
Other Citations Not available
Laws Involved North-West Frontier Province (Efficiency and Discipline) Rules, 1973
Sections 5, 6