| Case ID |
0c5551c8-ed78-4e53-ae48-f022ccd06f9d |
| Body |
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| Case Number |
Appeal No.875(R)CE/2003 |
| Decision Date |
Mar 19, 2004 |
| Hearing Date |
Jan 14, 2004 |
| Decision |
The appeal was accepted, and the impugned order dated 24-1-2003 was set aside. The appellant, Muhammad Akbar Shahnawaz, was restored to his original Pay Group-V, with all consequential benefits. The decision was based on the fact that the penalty of demotion was unjustifiable, as it was imposed prior to the appellant's honorable acquittal by a competent forum regarding the same charges. The court emphasized the importance of waiting for the final adjudication of related proceedings before taking departmental action, affirming that the principle of justice must be upheld in such cases. |
| Summary |
In the case of Muhammad Akbar Shahnawaz vs. Managing Director, PIAC, the Federal Service Tribunal addressed the legality of the appellant's demotion from Pay Group-V to IV. The Tribunal found that the demotion was imposed while the appellant was undergoing related legal proceedings, which ultimately resulted in his acquittal. The key issue revolved around the adherence to the Removal From Service (Special Powers) Ordinance and the right to a fair inquiry. The Tribunal ruled that the proceedings against the appellant lacked compliance with legal standards, thereby undermining the legitimacy of the demotion. This case highlights the critical need for proper legal protocols in departmental inquiries, emphasizing the significance of fair treatment and due process for employees in service matters. The judgment serves as a precedent in ensuring that employees are not unjustly penalized during ongoing legal disputes, reinforcing the principles of justice and fair play in administrative actions. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
ABDUR RAZZAQUE,
ABDUL RASHID BALOCH
|
| Lawyers |
Abdul Hafeez Amjad,
Ch. Manzoor Hussain
|
| Petitioners |
MUHAMMAD AKBAR SHAHNAWAZ
|
| Respondents |
MANAGING DIRECTOR, PIAC, KARACHI
|
| Citations |
2006 SLD 1643,
2006 PLC 336
|
| Other Citations |
1998 PLC (CS) 143,
2000 SCMR 269,
1989 PLC (CS) 393
|
| Laws Involved |
Removal From Service (Special Powers) Ordinance,
Service Tribunals Act
|
| Sections |
3,
5,
4
|