| Case ID |
14b33ec4-6530-4cfb-b04c-d057f30ecd32 |
| Body |
View case body. Login to View |
| Case Number |
S.A. No. 60 of 2010 |
| Decision Date |
May 31, 2010 |
| Hearing Date |
May 26, 2010 |
| Decision |
The appeal was filed against the order imposing a major penalty of reduction to a lower post for five years on the appellant, Liaqat Ali, who was directly appointed as Naib Tehsildar. The Tribunal found that no regular inquiry was conducted prior to imposing the penalty, which is a requirement under the Balochistan Service Tribunals Act and the Removal from Service Ordinance. The Tribunal emphasized the necessity of a fair inquiry process, especially in cases involving significant penalties. Consequently, the Tribunal set aside the impugned order and restored the appellant to his original position, allowing the competent authority the option to initiate new proceedings if desired, while declaring the impugned order unsustainable due to its contravention of legal procedures. |
| Summary |
The case revolves around the disciplinary proceedings against Liaqat Ali, an Ex-Naib Tehsildar, who was subject to a major penalty for alleged misconduct involving the preparation of a wrong mutation entry. The Service Tribunal of Balochistan held that the penalty was invalid due to the absence of a required regular inquiry, a fundamental aspect of due process in administrative law. The Tribunal highlighted the importance of justice being not only done but also being perceived as done, leading to the conclusion that disciplinary actions must adhere strictly to legal protocols. The judgment underscores the principles of fairness and legality in the treatment of civil servants within the framework of the Balochistan Service Tribunals Act and the Removal from Service Ordinance. It serves as a crucial reminder of the rights of civil servants against arbitrary disciplinary actions. This case is significant for legal practitioners and civil servants alike, as it emphasizes the importance of procedural safeguards in administrative justice. |
| Court |
Service Tribunal, Balochistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HASHIM KHAN KAKAR,
MUHAMMAD NAEEM GHALZAI,
MUHAMMAD ANWAR KHAN
|
| Lawyers |
Mr. Mazhar Illyas Nagi,
Mr. Naseer Bangulzai
|
| Petitioners |
LIAQAT ALI, EX-NAIB TEHSILDAR TAMBOO, NASIRABAD
|
| Respondents |
SENIOR MEMBER, BOARD OF REVENUE, BALOCHISTAN, QUETTA AND ANOTHER
|
| Citations |
2010 SLD 785,
2010 PLJ 116
|
| Other Citations |
Not available
|
| Laws Involved |
Balochistan Service Tribunals Act, 1974,
Removal from Service (Special Powers) Ordinance, (XVII of 2000)
|
| Sections |
4,
5(4)
|