| Case ID |
2bff4ba0-2c62-4905-8828-cdcf86799885 |
| Body |
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| Case Number |
Writ Petition No. 7606 of 2011 |
| Decision Date |
Oct 15, 2014 |
| Hearing Date |
Oct 15, 2014 |
| Decision |
The Lahore High Court accepted the constitutional petition filed by Faqir Masih, finding that the penalty of removal from service was unjustified. The Court noted that the competent authority had dispensed with a regular inquiry without providing sufficient evidence. It emphasized the necessity for the appellate authority to render independent findings and to provide a reasoned order when reviewing cases. The decision underscored that penalties must be commensurate with the charges and that due process must be followed in disciplinary actions. |
| Summary |
In the case of Faqir Masih vs. Joint Secretary (Admn.) and another, the Lahore High Court addressed the issue of the removal of the petitioner from service under the Removal from Service (Special Powers) Ordinance, 2000. The petitioner was accused of being absent from duty for 66 days and was subjected to a major penalty without a proper inquiry. The Court found that the competent authority had failed to provide sufficient evidence and did not follow the necessary procedures as outlined in the law. This case highlights the importance of due process and the need for disciplinary actions to be proportional to the alleged misconduct. The ruling reinforces the principle that an appellate authority must independently assess the case and provide a reasoned judgment rather than simply endorsing the findings of the lower authority. This case serves as a critical reminder of the legal standards required in employment disciplinary matters, particularly in the context of public service. Keywords: removal from service, due process, disciplinary action, Lahore High Court, constitutional petition. |
| Court |
Lahore High Court
|
| Entities Involved |
Executive Council, Allama Iqbal Open University, Islamabad
|
| Judges |
FAISAL ZAMAN KHAN, J
|
| Lawyers |
|
| Petitioners |
FAQIR MASIH
|
| Respondents |
JOINT SECRETARY (ADMN.) and another
|
| Citations |
2016 SLD 687,
2016 PLC 637
|
| Other Citations |
2010 SCMR 1484,
2009 PLC (C.S.) 47,
2007 SCMR 1143,
2013 PLC (CS) 928,
2006 SCMR 1120,
2012 PLC (CS) 787,
2009 SCMR 339,
2009 SCMR 19,
2008 SC 451,
2011 SCMR 1389,
PLD 2010 SCMR 501,
2004 PLC (CS) 435,
2005 SCMR 824
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance (XVII of 2000),
Constitution of Pakistan, 1973
|
| Sections |
3,
5(4),
199
|