| Case ID |
1685702d-9777-4654-b429-1947948f461d |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal Nos. 1393 and 1 |
| Decision Date |
Oct 07, 1999 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitions filed by the Federation of Pakistan challenging the decision of the Federal Service Tribunal which reinstated Saleemullah Khan, a civil servant, after he was removed from service. The Court found that the removal was not in accordance with the directives of the competent authority and that the subsequent corrigendum converting the removal into compulsory retirement was also invalid. The findings of the Tribunal were upheld, noting that the charges against the respondent were not substantiated. The Court emphasized that procedural violations and failure to follow due process rendered the actions against the respondent unlawful. |
| Summary |
In the case of Saleemullah Khan vs. Federation of Pakistan, the Supreme Court of Pakistan addressed significant issues regarding the removal of a civil servant under the Government Servants (Efficiency and Discipline) Rules, 1973. This landmark decision highlighted the importance of adhering to due process and the authority of competent bodies in disciplinary actions. The case revolved around allegations of misconduct and corruption against Saleemullah Khan, who served in the Police Service of Pakistan. Following a flawed inquiry process, he was removed from service, a decision that was contested and ultimately overturned by the Federal Service Tribunal. The Supreme Court ruled that the initial removal notification was null and void, emphasizing the necessity for proper authority's approval in such administrative actions. This case serves as a vital precedent in civil service law, reinforcing the principles of legality and fairness in disciplinary proceedings, and is crucial for understanding the rights of civil servants in Pakistan. Keywords: civil service law, misconduct, removal from service, Supreme Court of Pakistan, due process, Federal Service Tribunal, reinstatement. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUR REHMAN KHAN,
SH. RIAZ AHMED
|
| Lawyers |
Mansoor Ahmed, Deputy Attorney General,
Alamdar Raza, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record
|
| Petitioners |
another,
FEDERATION OF PAKISTAN through Secretary, Establishment Division, Government of Pakistan, Islamabad
|
| Respondents |
SALEEMULLAH KHAN
|
| Citations |
2000 SLD 1533,
2000 PLD 104
|
| Other Citations |
Not available
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973
|
| Sections |
3,
4(1)(b)(iii)
|