| Case ID |
265bd2b0-0a8f-4edb-aa86-99bfb702e086 |
| Body |
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| Case Number |
Civil Appeal No.1718 of 2007 |
| Decision Date |
May 12, 2008 |
| Hearing Date |
May 08, 2008 |
| Decision |
The Supreme Court of Pakistan partly allowed the appeal, reinstating the appellant Khalid Mansoor in service. The court set aside the previous penalty of compulsory retirement imposed by the Federal Service Tribunal and maintained the Inquiry Officer's recommended penalty of reduction to a lower stage in time scale for three years. The court emphasized that the competent authority failed to provide specific reasons for disagreeing with the Inquiry Officer's recommendations and improperly added charges that were not included in the original inquiry. The judgment also noted that the appellant did not successfully vindicate his position despite having the opportunity to cross-examine witnesses, indicating that the passengers involved could not have traveled without the appellant's oversight or inefficiency. |
| Summary |
In the case of Khalid Mansoor vs. Director, F.I.A., Rawalpindi, the Supreme Court of Pakistan addressed serious issues surrounding the removal of a civil servant under the Removal from Service (Special Powers) Ordinance, 2000. The case revolved around allegations of misconduct related to two passengers who traveled on fake documents while the appellant was on duty at the F.I.A. Immigration Check Post. The Inquiry Officer recommended a penalty less severe than compulsory retirement, but the competent authority imposed a harsher penalty without justifying its decision adequately. The appeal highlighted procedural flaws in the disciplinary process and emphasized the importance of adhering to the recommendations of the Inquiry Officer. The court's decision to reinstate the appellant reflects a commitment to fair administrative practices and the need for transparency in disciplinary actions. This case underscores the significance of due process within civil service disciplinary proceedings and the necessity for authorities to provide clear reasoning for their decisions. Keywords: civil service, misconduct, administrative law, Supreme Court of Pakistan, removal from service. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED DOGAR, C.J.,
IJAZ-UL-HASSAN KHAN,
CH. EJAZ YOUSAF, JJ
|
| Lawyers |
M. Shoaib Shaheen, Advocate Supreme Court,
M.A. Zaidi, Advocate-on-Record,
Raja M. Irshad, D.A.G.,
M.S. Khattak, Advocate-on-Record,
Malik Tariq Mehmood, A.D., F.I.A.
|
| Petitioners |
KHALID MANSOOR
|
| Respondents |
DIRECTOR, F.I.A., RAWALPINDI and another
|
| Citations |
2008 SLD 1386,
2008 PLC 1182
|
| Other Citations |
Dilawar Hussain Shah v. Maqbool Hussain Shah 1990 SCMR 994,
Mukhtar Ahmad Bhatti v. Director Food, Punjab, Lahore 1992 SCMR 1864,
Chief Director, Central Directorate of National Savings, Islamabad v. Rahat Ali Sherwani 1996 SCMR 248,
Deputy Inspector-General of Police v. Shafique-ur-Rehman 2000 SCMR 669,
Samiuddin Qureshi v. Collector of Customs PLD 1989 SC 335,
Shafaullah Khan Niazi v. Deputy Director, Food Department, Multan PLD 2004 SC 55
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance, 2000
|
| Sections |
3
|