| Case ID |
14c2ad54-eef1-47db-910a-aa039a93c6e4 |
| Body |
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| Case Number |
Civil Petition No.579 of 2009 |
| Decision Date |
May 08, 2009 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the respondent, Liaqat Ali, was wrongfully subjected to compulsory retirement without a proper inquiry as mandated by the Removal from Service (Special Powers) Ordinance. The Court upheld the Service Tribunal's decision to reinstate the respondent with all back benefits, emphasizing the necessity of conducting an inquiry when charges are denied. The competent authority failed to follow due process, which invalidated the imposition of the major penalty. Therefore, the petitioners' request for leave to appeal was denied. |
| Summary |
This case revolves around the wrongful dismissal of Liaqat Ali, who was accused of misconduct related to facilitating electricity theft. The Supreme Court of Pakistan found that the Executive Engineer, representing GEPCO Limited, did not follow due process regarding the Removal from Service (Special Powers) Ordinance. The absence of a departmental inquiry before the respondent's compulsory retirement was deemed unlawful. The Court highlighted that the allegations made against the respondent were disputed, necessitating a formal inquiry. The ruling reinforced the importance of procedural fairness in administrative actions and the rights of employees in corporate service, ensuring that allegations must be substantiated through a proper inquiry before any punitive action can be taken. This case serves as a critical reference for similar disputes regarding employment rights and administrative justice in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
SAYED ZAHID HUSSAIN,
MUHAMMAD SAIR ALI
|
| Lawyers |
Aurangzeb Mirza
|
| Petitioners |
another,
EXECUTIVE ENGINEER, GEPCO LIMITED
|
| Respondents |
LIAQAT ALI
|
| Citations |
2010 SLD 2649,
2010 SCMR 237
|
| Other Citations |
Not available
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance,
Constitution of Pakistan (1973)
|
| Sections |
3,
3-A,
5,
212(3)
|