| Case ID |
21235356-8cc9-492d-9024-88e724010d4a |
| Body |
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| Case Number |
Civil Petition No.637-K of 2005 |
| Decision Date |
Sep 30, 2005 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled in favor of the petitioner, Miss Rashida Khatoon, allowing her appeal against the decision of the Federal Service Tribunal. The court found that the act of sending a representation directly to a senior officer was not misconduct and did not violate good service discipline. The court set aside the penalty imposed, which had reduced her rank, and emphasized the importance of addressing grievances without fear of retribution. The judgment clarified that mere communication of concerns to higher authorities should not be misconstrued as indiscipline or misconduct, thus upholding the rights of employees to seek redress. |
| Summary |
In this significant case, the Supreme Court of Pakistan addressed the issue of employee rights and workplace misconduct under the Removal from Service (Special Powers) Ordinance, 2000. The case involved Miss Rashida Khatoon, who faced disciplinary action for allegedly breaching service discipline by directly addressing grievances to the Chairman of Pakistan Steel. The court determined that her actions were not prejudicial to good order or service discipline, as the language and intent of her correspondence were deemed appropriate. The ruling underscored the necessity for employees to communicate grievances without fear of penalties, marking an important precedent in labor rights and administrative justice. This case highlights the balance between maintaining discipline within organizations and ensuring that employees can voice their concerns, a topic that remains relevant in discussions about workplace ethics and employee rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NAWAZ ABBASI,
KARAMAT NAZIR BHANDARI
|
| Lawyers |
Muhammad Muzaffarul Haque, Advocate Supreme Court for Petitioner,
M.G. Dastigir, Advocate Supreme Court for Respondents Nos. 2 to 4,
Raja Sher Muhammad Khan, Advocate-on-Record for Respondents Nos. 2 to 4
|
| Petitioners |
Miss RASHIDA KHATOON
|
| Respondents |
3 others,
SECRETARY, M/O INDUSTRIES AND PRODUCTION
|
| Citations |
2008 SLD 1873,
2008 SCMR 1507
|
| Other Citations |
Not available
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance, 2000,
Constitution of Pakistan, 1973
|
| Sections |
2(b),
3,
Art.212(3)
|