| Case ID |
162fd251-6dea-4608-9030-f85d0fc059c4 |
| Body |
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| Case Number |
Civil Petition No. 1164 of 1988 |
| Decision Date |
May 21, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to WAPDA concerning the Federal Service Tribunal's decision that reduced the penalty imposed on Muhammad Sabir from dismissal to stoppage of three increments without cumulative effect. The court noted that the respondent, having not availed the remedy of a departmental appeal against the Executive Engineer's dismissal order, raised questions about the Tribunal's competence to entertain his appeal. The interim order was directed to continue during the appeal's pendency. |
| Summary |
This case revolves around the procedural aspects of service law within the context of the Service Tribunals Act and the Constitution of Pakistan. The key issue was whether the Federal Service Tribunal had the jurisdiction to hear an appeal from a civil servant who had not utilized the available departmental appeal process. The Supreme Court's decision is significant in clarifying the limits of tribunal authority in service matters. It emphasizes the importance of exhausting all available remedies before seeking judicial intervention. This case contributes to the evolving landscape of service law, highlighting the balance between administrative authority and employee rights. The implications of this ruling are critical for public sector employees and administrative bodies, ensuring adherence to procedural norms in disciplinary matters. Keywords include 'Service Law', 'Judicial Review', 'Public Sector Employment', which are crucial for legal practitioners and scholars in understanding the dynamics of administrative justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
WAPDA,
Muhammad Sabir
|
| Judges |
GHULAM MUJADDID,
SAAD SAOOD JAN
|
| Lawyers |
Ch. Ghulam Hassan Gulshan,
Tanvir Ahmad
|
| Petitioners |
WAPDA
|
| Respondents |
MUHAMMAD SABIR
|
| Citations |
1990 SLD 516,
1990 SCMR 266
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
4(1)(a),
212(3)
|