| Case ID |
1685c753-307b-4df0-8f33-0d174af31e9e |
| Body |
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| Case Number |
Appeal No.914/38 of 1986 |
| Decision Date |
Jan 30, 1988 |
| Hearing Date |
|
| Decision |
The appeal was accepted based on the failure to comply with the procedural requirements of section 7-A of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. The appellant, Faiz Muhammad Malik, was not given a fair opportunity to defend himself against the charges leading to his dismissal. The Tribunal found that the lack of proper inquiry and the absence of a hearing caused material prejudice to the appellant. Consequently, the Tribunal ordered the reinstatement of the appellant and remanded the case for compliance with the provisions of the rules. There was no order as to costs. |
| Summary |
This case revolves around the appeal of Faiz Muhammad Malik, a former Foodgrain Inspector, who was dismissed from service under allegations of involvement in illegal transportation of rice. The Service Tribunal, Punjab, critically examined the procedural lapses in the dismissal process, particularly the failure to provide the appellant with an inquiry report or an opportunity to respond to the charges. The Tribunal emphasized the importance of adhering to the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, specifically section 7-A, which mandates that an employee must be given a fair chance to defend against allegations before any major penalty is imposed. The ruling reiterates the significance of due process in administrative actions, safeguarding the rights of civil servants against arbitrary dismissals. The decision to reinstate the appellant underscores the Tribunal's commitment to protect the integrity of civil service regulations and ensure that disciplinary actions are conducted fairly and transparently. This case serves as a crucial reference for future disciplinary proceedings within public service, reinforcing the need for compliance with established legal frameworks to prevent injustice. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
IHSANUL HAQ CHAUDHRY,
KH. MUHAMMAD YOUSAF,
CH. ABDUL RASHID
|
| Lawyers |
Syed Jamshed Ali,
A.G. Humayun
|
| Petitioners |
Faiz Muhammad Malik
|
| Respondents |
DIRECTOR FOOD, PUNJAB, LAHORE,
Deputy Director Food, Lahore Region, Lahore
|
| Citations |
1988 SLD 596,
1988 PLC 325
|
| Other Citations |
Mir Muhammad v. N.-W.F.P. Government through Chief Secretary P L D 1981 S C 176,
1984 SCMR 451,
1987 SCMR 1562
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975
|
| Sections |
6,
7-A
|