| Case ID |
163b3cd0-719b-486f-b580-e9b1c0d18406 |
| Body |
View case body. Login to View |
| Case Number |
Appeal No. 281(K)(CS) of 2002 |
| Decision Date |
Jul 24, 2004 |
| Hearing Date |
Jul 24, 2004 |
| Decision |
The appeal has been accepted by the Federal Service Tribunal. The dismissal of Muhammad Arif from service was found to be in violation of established rules and procedures. The Tribunal ruled that the inquiry against him was flawed and did not afford him a fair opportunity to defend himself. Consequently, the Tribunal set aside the dismissal order and directed the Respondents to reinstate Muhammad Arif in service, while allowing them the option to initiate fresh proceedings against him in accordance with the law. The Respondents were instructed to complete these proceedings within four months, with the question of back benefits to be determined based on the outcome of these new proceedings. |
| Summary |
This case revolves around the appeal filed by Muhammad Arif against his dismissal from the Pakistan Railways Police. The Federal Service Tribunal examined the procedural aspects of the dismissal, which stemmed from allegations of misconduct related to ticketless passengers. The Tribunal highlighted significant flaws in the inquiry process and stated that the major punishment imposed on Muhammad Arif was unjustified. The ruling emphasized the importance of adhering to procedural fairness in disciplinary actions within public service. As a result, the Tribunal's decision not only reinstated the appellant but also underscored the necessity for lawful conduct in administrative inquiries, setting a precedent for similar cases within the jurisdiction of service tribunals. Keywords such as 'service tribunal', 'administrative law', 'disciplinary action', and 'procedural fairness' are pivotal in understanding the implications of this case. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
Qazi Muhammad Hussain Siddiqui,
Mr. Rashid Ali Mirza
|
| Lawyers |
Mr. Sanaullah Noor Ghauri,
Mr. Muhammad Asghar
|
| Petitioners |
Muhammad Arif
|
| Respondents |
,
Deputy Inspector General, Pakistan Railways Police, Lahore
|
| Citations |
2004 SLD 3768,
2004 PLJ 166
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act, 1973
|
| Sections |
4,
2
|