Legal Case Summary

Case Details
Case ID 0c5551c8-ed78-4e53-ae48-f022ccd06f9d
Body View case body.
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