| Case ID |
1e4db97f-8eea-4c1a-b060-21c50b6c054a |
| Body |
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| Case Number |
Appeal No. 37 (K) of 1981 |
| Decision Date |
Jan 10, 1984 |
| Hearing Date |
Nov 14, 1983 |
| Decision |
The Federal Service Tribunal found that the disciplinary action against Hafiz Muhammad Jamil Khan was mala fide, both in fact and law. The Tribunal reinstated the appellant with back benefits, including full pay and allowances for the period of suspension. The original charges against him were deemed unsubstantiated, and the Tribunal criticized the manner in which the inquiry was conducted, indicating a lack of due process. |
| Summary |
This case revolves around the reinstatement of Hafiz Muhammad Jamil Khan, a time-keeper who faced disciplinary action resulting in compulsory retirement. The Federal Service Tribunal ruled that the actions taken against him were mala fide, as the charges of misconduct related to attendance were not supported by evidence. The inquiry was flawed and did not follow due process, leading to the conclusion that the appellant was wrongfully penalized. The Tribunal emphasized the need for fair treatment in disciplinary proceedings, highlighting the importance of adhering to established rules and regulations. This case underscores the significance of justice within civil service and the protection of employees' rights against arbitrary actions by authorities. Keywords include 'disciplinary action', 'service tribunal', 'mala fide', and 'wrongful termination'. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Assistant Controller of Post Offices, Karachi,
Assistant Engineer Mail Motor Service
|
| Judges |
MUHAMMAD IRSHAD KHAN,
BRIG. (RETD.) ABDUR RASHID
|
| Lawyers |
Habibur Rashid,
Niaz Ahmed Khan
|
| Petitioners |
Hafiz MUHAMMAD JAMIL KHAN
|
| Respondents |
2 OTHERS,
CONTROLLER OF POST OFFICES, KARACHI
|
| Citations |
1984 SLD 1152,
1984 PLC 422
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act
|
| Sections |
4
|