| Case ID |
223feae6-dc3e-4d3d-bf51-cc86a2b34a2e |
| Body |
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| Case Number |
435/350 of 1983 |
| Decision Date |
Mar 21, 1984 |
| Hearing Date |
|
| Decision |
The appeal was accepted, determining that the orders of reversion from Sub-Inspector to Assistant Sub-Inspector were arbitrary and unlawful. The Tribunal found that the appellant, Etimad-ud-Din, had a bona fide illness that prevented compliance with transfer orders, which were never properly communicated. The decision emphasized the need for a show-cause notice and an opportunity for the appellant to defend himself before any punitive action could be taken. As a result, the appellant was reinstated with full benefits from the date of reversion. |
| Summary |
In this case, the appellant, Etimad-ud-Din, appealed against the reversion from Sub-Inspector to Assistant Sub-Inspector due to alleged non-compliance with transfer orders. The Tribunal found that the transfer orders were not served to the appellant, who was suffering from a serious illness during the relevant time. The decision underscored the importance of proper communication and the right to a fair hearing before punitive measures are enforced. The case highlights the legal principles surrounding administrative actions in civil service and the necessity of adhering to procedural fairness, particularly in disciplinary matters. This ruling reinforces the rights of public servants to contest adverse employment actions based on legitimate health issues, ensuring that due process is followed. The case references significant precedents and legal standards that govern civil service employment and disciplinary actions. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMID CHAUDHARY,
MIAN FAIZ KARIM
|
| Lawyers |
Masud Ahmad Riaz,
A. G. Humayun
|
| Petitioners |
ETI MADUDDIN
|
| Respondents |
INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE,
SUPERINTENDENT OF POLICE, SIALKOT,
DEPUTY INSPECTOR-GENERAL OF POLICE, GUJRANWALA RANGE
|
| Citations |
1984 SLD 1697,
1984 PLC 1116
|
| Other Citations |
Muhammad Ibrahim v. Government of Pakistan P L D 1972 S C 332,
Government of Pakistan v. Dr. Safdar Mahmood P L D 1983 S C 100
|
| Laws Involved |
Not available
|
| Sections |
Not available
|