| Case ID |
1590264c-866d-4e88-bdfb-03016d6c22cb |
| Body |
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| Case Number |
Civil Appeal No. 204 of 2000 |
| Decision Date |
Jul 16, 2001 |
| Hearing Date |
Jun 13, 2001 |
| Decision |
The Supreme Court dismissed the appeal, affirming the High Court's decision that declared the dismissal of Abdul Hameed Siddiqui unlawful. The court emphasized that the proceedings against him were conducted without adherence to the mandatory procedures outlined in the Efficiency and Discipline Rules. The court ruled that the respondent was not a 'workman' as defined under the relevant industrial relations law, thus he was entitled to seek relief through the High Court. The findings also highlighted biases in the inquiry process due to the involvement of the authorized officer's son in the same case, which compromised the integrity of the inquiry committee's decisions. |
| Summary |
This case revolves around the dismissal of Abdul Hameed Siddiqui from his position at the Azad Jammu and Kashmir Logging and Saw Mills Corporation. The dismissal was predicated on allegations of misappropriation of funds amounting to Rs. 10,74,295. Siddiqui contested the dismissal via a writ petition, asserting that the process was flawed and biased. The Supreme Court ruled in favor of Siddiqui, finding that the inquiry into his conduct was improperly conducted and did not follow the established legal protocols. The decision underscored the importance of due process in disciplinary actions within public service, especially regarding the impartiality of inquiry committees. This case is significant in the context of labor law, administrative justice, and the rights of public employees, providing a precedent for future cases involving similar allegations and procedural irregularities. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Azad Jammu and Kashmir Logging and Saw Mills Corporation
|
| Judges |
Sardar Said Muhammad Khan, C.,
Muhammad Yunus Surakhvi, J.
|
| Lawyers |
Raja Muhammad Hanif Khan,
Abdul Rashid Abbasi
|
| Petitioners |
ABDUL HAMEED SIDDIQUI
|
| Respondents |
2 others,
CHAIRMAN, AZAD JAMMU AND KASHMIR LOGGING AND SAW MILLS CORPORATION, MUZAFFARABAD
|
| Citations |
2002 SLD 1715,
2002 PLC 163
|
| Other Citations |
Ghulam Mohi-ud-Din v. Chief Settlement Commissioner and others PLD 1964 SC 829,
Abdul Qadir v. Abdul Karim and others 1999 PLC (C.S.) 947,
Altaf Ahmed Khan and others v. Member, Board of Revenue, Punjab, Lahore and others 1986 PLC (C.S.) 974,
Personnel Manager, Bata (Pakistan) Ltd., Lahore v. Muzaffar Ali 1985 PLC 786,
Bahawalnagar Sugar Mills Ltd. v. Nasrullah Khan 1984 PLC 1105,
Income Tax Officer, Central Circle-III, Karachi v. Eruck Maneckji and others 1991 SCMR 1447,
Sindh Employees' Social Security Institution v. Dr. Mumtaz Ali Taj and others [PLD 1975 SC 450,
Messrs S.S. Salar & Company v. Ch. Muhammad Sarfaraz and 2 others PLD 1984 SC (AJ&K) 77
|
| Laws Involved |
Azad Jammu and Kashmir Industrial Relations Ordinance, 1974,
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
2(28),
30,
44
|