Case ID |
2288c619-8bcf-4e3d-a634-0ef9c587a9cd |
Body |
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Case Number |
Appeal No. 78 (R) of 1983 |
Decision Date |
Mar 27, 1984 |
Hearing Date |
Mar 14, 1984 |
Decision |
The Federal Service Tribunal accepted the appeal of the appellant, Muhammad Warraich, who was wrongfully dismissed from his position as Senior Godown-keeper in the Pakistan Ordnance Factories. The Tribunal found that the disciplinary proceedings against him were invalid as they did not adhere to the required rules. The Tribunal determined that the appellant was not a workman as defined under the Workmen's Compensation Act but rather a civil servant. The Tribunal emphasized that the appellant was not given a fair opportunity to defend himself, as no formal inquiry was conducted and he was not allowed to cross-examine witnesses. Consequently, the Tribunal set aside the dismissal order and reinstated the appellant, stating that he should be treated as though he had never left service. |
Summary |
This case revolves around the wrongful dismissal of Muhammad Warraich, a Senior Godown-keeper at the Pakistan Ordnance Factories. The Tribunal found significant procedural flaws in the disciplinary action taken against him, including the lack of a formal inquiry and the failure to provide him with an opportunity to contest the allegations. The case highlights the distinction between civil servants and workmen under applicable laws, specifically the Civil Servants Act and the Workmen's Compensation Act. The Tribunal ruled that the appellant was indeed a civil servant, thus entitled to the protections afforded to him under the relevant laws. The case underscores the importance of due process in disciplinary proceedings, ensuring that individuals are given a fair chance to defend their rights. The judgment reinforces the necessity for adherence to established rules and regulations when dealing with civil servants, emphasizing the need for transparency and fairness in administrative actions. |
Court |
Federal Service Tribunal
|
Entities Involved |
Pakistan Ordnance Factories
|
Judges |
A. D. Raziur Rahman,
Muhammad Irshad Khan,
Mehrban Hussain
|
Lawyers |
Muhammad Warraich,
S. M. Shahudul Haque
|
Petitioners |
Muhammad Warraich
|
Respondents |
Chairman, Pakistan Ordnance Factory and Another
|
Citations |
1984 SLD 1272,
1984 PLC 603
|
Other Citations |
Not available
|
Laws Involved |
Civil Servants Act (LXXI of 1973),
Workmen's Compensation Act (VIII of 1923),
Government Servants (Efficiency and Discipline) Rules, 1973,
Service Tribunals Act (LXX of 1973)
|
Sections |
2 (b) (iii),
2 (n),
Sched. II, Item (xxvi),
5,
6,
4
|