| Case ID |
207563b4-05a9-434d-9c8b-fc4c134607d5 |
| Body |
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| Case Number |
Appeal No. 347 of 1977 |
| Decision Date |
Sep 18, 1979 |
| Hearing Date |
|
| Decision |
The appeal of Dr. Mrs. Ibrar Hashmi against her removal from service was accepted by the Service Tribunal Punjab. The Tribunal found that there were significant irregularities in the disciplinary proceedings against her, particularly the failure to provide essential documents, including the FIR and witness statements, that were crucial for her defense. The Tribunal emphasized that the absence of these documents constituted a major irregularity. Consequently, the order of removal from service issued by the Secretary of Health was set aside, reinstating Dr. Hashmi to her position. |
| Summary |
In the case of Dr. Mrs. Ibrar Hashmi, a Women Medical Officer, the Service Tribunal Punjab addressed her appeal against the Secretary of Health's decision to remove her from service. The case revolved around allegations of corruption involving tainted currency notes, which were recovered from a nurse, not from Dr. Hashmi. The Tribunal highlighted the irregularities in the disciplinary process, noting that Dr. Hashmi was denied access to critical documents that would have aided her defense. The judgment underscored the importance of due process and fair hearings in disciplinary actions against civil servants, emphasizing that without proper documentation, any disciplinary action could be deemed unjust. The Tribunal's decision to reinstate Dr. Hashmi serves as a pivotal reminder of the rights of public servants in disciplinary matters and the necessity for transparency and fairness in such procedures. This case is significant in the context of civil service laws and the rights of employees against unfair dismissal, making it a landmark case in administrative justice. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
M. Saleem Chaudhry,
Dr. Mrs. Ibrar Hashmi
|
| Lawyers |
Not available
|
| Petitioners |
Dr. Mrs. Ibrar Hashmi
|
| Respondents |
Secretary to Government to Punjab Health, Department
|
| Citations |
1981 SLD 2074,
1981 PLC 146
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1979
|
| Sections |
R. 7
|