| Case ID |
214e153a-037a-46c5-bb99-88c43abe1832 |
| Body |
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| Case Number |
Civil Appeal No.569 of 2006 |
| Decision Date |
Sep 13, 2006 |
| Hearing Date |
Sep 13, 2006 |
| Decision |
The Supreme Court of Pakistan set aside the judgments of the Service Tribunal and the order of the Appellate Authority regarding the enhancement of the penalty imposed on the appellant, which had escalated from stoppage of two increments to termination/removal from service without notice. The Court emphasized the lack of due process, as the appellant was not given an opportunity for a hearing before the enhancement of the penalty. The case was remanded back to the Appellate Authority to be decided in accordance with the law, ensuring that the appellant is given notice and an opportunity to be heard within a specified period. This ruling reinforces the principles of fair hearing and procedural justice in administrative actions, particularly in matters affecting employment and service rights. |
| Summary |
In the landmark case of Civil Appeal No.569 of 2006, decided by the Supreme Court of Pakistan, the central issue revolved around the procedural fairness in the enhancement of penalties imposed on an employee, ASHFAQ AHMAD, by the Appellate Authority. Initially, the employee faced a penalty of stoppage of two increments due to alleged misconduct. However, the Appellate Authority, without providing any prior notice or opportunity for the appellant to defend himself, escalated the penalty to termination/removal from service. This case highlighted significant legal principles concerning the Removal from Service (Special Powers) Ordinance, 2000, and Article 212 of the Constitution of Pakistan, which guarantees the right to a fair hearing. The Supreme Court's decision to set aside the previous judgments and orders underlined the necessity for due process in administrative proceedings, ensuring that individuals are not deprived of their rights without adequate notice and opportunity to contest the charges against them. The ruling serves as a crucial precedent in employment law, particularly regarding the administrative powers of Appellate Authorities and the fundamental rights of employees. By remanding the case back to the Appellate Authority, the Court mandated compliance with legal procedures, reinforcing the importance of transparency and fairness in administrative justice. This case is vital for understanding the balance between administrative authority and the rights of individuals, providing a clear framework for future cases involving employment disputes and administrative penalties. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN SHAKIRULLAH JAN,
CH. IJAZ AHMED
|
| Lawyers |
Zahid Hussain Khan,
Raja Saeed Akram
|
| Petitioners |
ASHFAQ AHMAD
|
| Respondents |
E.D.O. (EDUCATION)
|
| Citations |
2008 SLD,
2008 PLC 300
|
| Other Citations |
Not available
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance, (XVII of 2000),
Constitution of Pakistan, 1973
|
| Sections |
3,
212
|