| Case ID |
2af4cf51-390f-4213-a760-1b994c31f0a7 |
| Body |
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| Case Number |
Appeal No. 73 of 1982 |
| Decision Date |
May 03, 1989 |
| Hearing Date |
May 03, 1989 |
| Decision |
The appeal was accepted on the grounds that the dismissal of the appellant, Shaukat Khan, was unlawful due to the failure to follow the prescribed procedure under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. The Service Tribunal found that the appellant was a civil servant and could not be dismissed without adhering to the proper procedures. The Tribunal set aside the dismissal order dated 25-9-1986 and remanded the case to the competent authority to proceed in accordance with the law. The appellant was directed to appear before the authority on 29-5-1989. |
| Summary |
In the case of Shaukat Khan vs. Secretary to Government of the Punjab, the Service Tribunal addressed the unlawful dismissal of the appellant from his position due to alleged misconduct. The Tribunal emphasized the necessity of following the established procedures outlined in the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. The appellant was initially appointed temporarily and later regularized, but the Tribunal ruled that even temporary civil servants are entitled to due process. The dismissal order was found to be illegal, and the case was remanded for a fresh hearing in accordance with the proper legal framework. This case highlights the importance of procedural compliance in administrative actions against civil servants, ensuring that their rights are protected under the law. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MEHMUD ASLAM PIRZADA (CHAIRMAN),
MALIK ABDUL AZIZ (MEMBER)
|
| Lawyers |
Muhammad Ghani,
A.G. Humayun
|
| Petitioners |
SHAUKAT KHAN
|
| Respondents |
SECRETARY TO GOVERNMENT OF THE PUNJAB, AUQAF DEPARTMENT,
DIRECTOR, NIZAMAT-I-SALAT CELL, AUQAF DEPARTMENT
|
| Citations |
1989 SLD 2450,
1989 PLC 851
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975,
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
4,
5,
6,
4
|