| Case ID |
21775436-a750-468a-9b28-7a4abeb73776 |
| Body |
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| Case Number |
Appeal No.142(K)(C.S.) of 2005 |
| Decision Date |
Feb 23, 2008 |
| Hearing Date |
Feb 02, 2008 |
| Decision |
The Federal Service Tribunal, Islamabad, determined that the major penalty of removal from service imposed on the appellant, Nafees Khan, for unauthorized absence was excessively harsh. Considering that the appellant had admitted to the absence due to serious domestic problems and had already been inadvertently paid salary during that period, the Tribunal found no substantial reason to uphold the removal. Instead, the Tribunal decided that a lesser punishment, such as a reduction to a lower scale by two stages for two years, would be more appropriate under the circumstances. Consequently, the appellant was reinstated in service from the date of removal, and the period of absence was treated as sanctioned leave. No costs were awarded to either party. |
| Summary |
In the landmark case of Appeal No.142(K)(C.S.) of 2005, heard by the Federal Service Tribunal in Islamabad and decided on February 23, 2008, the appellant, Nafees Khan, contested his removal from service under the Removal from Service (Special Powers) Ordinance, XVII of 2000, specifically sections 3, 5, and 10, as well as the Service Tribunals (Procedure) Rules, 1974, section 4. Khan was a Chowkidar employed on a daily wage basis since December 26, 1989, with his services regularized in 1992. He faced a major penalty of removal after an unauthorized absence of approximately one and a half months, which he attributed to serious domestic issues. Despite submitting a letter requesting sanctioned leave, the department issued a show-cause notice leading to his dismissal. Khan’s legal representation argued that since his salary was paid during the absence, it was unauthorized, and the penalty was imposed without a proper inquiry or personal hearing, referencing several precedents such as 2004 SCMR 316 and 1998 SCMR 2268. The Standing Counsel for the respondents maintained that the absence was treated as extraordinary leave and that the procedural requirements were fulfilled, including a personal hearing on February 7, 2005. After reviewing the case details and recognizing the admitted reasons for absence, the Tribunal concluded that removal was disproportionate. It was noted that an inquiry would have been unnecessary given Khan's own admissions. The Tribunal deemed the removal excessively harsh for an absence period of less than two months and mitigated the punishment by reducing his scale for two years instead of termination. This decision underscores the importance of proportional penalties in administrative actions and the necessity of considering personal circumstances in disciplinary measures. The case also highlights the procedural aspects of service tribunals in Pakistan, emphasizing the balance between departmental authority and employee rights. By reinstating Khan with a lesser penalty, the Tribunal demonstrated judicial prudence in administrative law, ensuring fair treatment while upholding organizational policies. This ruling serves as a vital reference for future cases involving unauthorized absence and the appropriate extent of disciplinary actions. Additionally, the decision reflects the evolving standards in employment law, where mitigating factors are given due consideration to ensure justice and equity in administrative proceedings. The case also involved various legal representations and cited multiple related cases, reinforcing the jurisprudential framework governing service tribunals in Pakistan. Overall, the Tribunal's decision in this case promotes a fair and balanced approach to employment disputes, ensuring that penalties are commensurate with the nature of the offense and the context surrounding it. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Federal Service Tribunal, Islamabad,
Ministry of Health, Government of Pakistan,
Medical Centre
|
| Judges |
MUHAMMAD, JAVED ASHRAF HUSSAIN,
SALIM GUL SHAIKH
|
| Lawyers |
Sanaullah Noor Ghouri,
Asif Hussain Mangi
|
| Petitioners |
NAFEES KHAN
|
| Respondents |
SECRETARY, MINISTRY OF HEALTH, GOVERNMENT OF PAKISTAN and another
|
| Citations |
2008 SLD 1290 = 2008 PLC 703
|
| Other Citations |
2004 SCMR 316=2004 PLC (C.S.) 344,
2004 SCMR 1662,
1999 PLC (C.S.) 665,
2003 SCMR 681,
1998 SCMR 2268,
2003 PLC (C.S.) 1249,
2003 PLC (C.S.) 433
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance, (XVII of 2000),
Service Tribunals (Procedure) Rules, 1974
|
| Sections |
3,
5,
10,
4
|