| Case ID |
167b644b-b062-4e12-bc8e-bb68aab84b94 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. K-91 of 1980 |
| Decision Date |
Feb 10, 1981 |
| Hearing Date |
Feb 10, 1981 |
| Decision |
The appeal by Syed Nasir Hussain Zaidi, a civil servant, was dismissed by the Supreme Court of Pakistan. The court found no merit in the arguments presented by the appellant regarding the non-compliance with rule 24 of the Service Tribunals (Procedure) Rules, 1974. The court held that the Service Tribunal was properly constituted and that the Chairman's opinion was not a requisite for the decision. Furthermore, the court determined that the disciplinary actions taken against the appellant were within the lawful authority of the Head of Department as defined under the relevant rules. The appellant's claims regarding the lack of specific penalty indication in the show-cause notice were also dismissed as the penalties were clearly outlined in the rules, and the appellant had full notice of them. The court reaffirmed that the exclusion of personal hearing in the departmental appeal was consistent with the principles of natural justice as per the applicable laws. Thus, the appeal was rejected without any order as to costs. |
| Summary |
In the case of Syed Nasir Hussain Zaidi Vs. Service Tribunal, Islamabad, the Supreme Court of Pakistan addressed significant issues pertaining to the Service Tribunals Act, 1973 and Civil Services (Classification, Control and Appeal) Rules. The case revolved around the dismissal of an appeal by a civil servant against disciplinary actions imposed by a Head of Department. The court examined the legality of the tribunal's composition and the authority under which the disciplinary actions were taken. The decision emphasized the importance of procedural compliance within the framework of the law and clarified the jurisdictional powers of the tribunal. The ruling underscored that the mere absence of personal hearing does not inherently violate natural justice principles, provided that the statutory requirements are adequately met. The case serves as a crucial reference for understanding the operational dynamics of service tribunals in Pakistan and the implications of disciplinary actions against civil servants. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
SHAFI-UR-REHMAN,
FAKHRUDDIN G. EBRAHIM
|
| Lawyers |
S. M. Abbas, Advocate-on-Record for Appellant,
Syed Inayat Ali, Advocate Supreme Court,
Shafiq Ahmad, Advocate-on-Record for Respondents
|
| Petitioners |
Syed NASIR HUSSAIN ZAIDI
|
| Respondents |
others,
SERVICE TRIBUNAL, ISLAMABAD
|
| Citations |
1981 SLD 120,
1981 SCMR 402
|
| Other Citations |
Abdul Latif Niazi v. Government of West Pakistan Y L D 1967 S C 62
|
| Laws Involved |
Service Tribunals Act, 1973,
Civil Services (Classification, Control and Appeal) Rules
|
| Sections |
3,
63,
64,
66,
59
|