Case ID |
2c49d81d-6e56-4759-a9d9-76b2f42329a7 |
Body |
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Case Number |
Appeal No.88(R) of 1987 |
Decision Date |
Jan 18, 1988 |
Hearing Date |
|
Decision |
The Federal Service Tribunal accepted the appeal of Muhammad Ijazul Haque Malik, reinstating him in service with full benefits. The Tribunal found that the charges against him were false and that he had not been given a fair opportunity to defend himself. The Tribunal criticized the actions of the superiors for their haste in proceeding against the appellant without conducting a full inquiry, highlighting a lack of due process and natural justice. The decision emphasized the importance of allowing civil servants adequate time to adjust to new roles before facing disciplinary actions. |
Summary |
In the case of Muhammad Ijazul Haque Malik vs. The Accountant-General, Punjab, Lahore, the Federal Service Tribunal reviewed the dismissal of Malik from his position as a Senior Auditor due to alleged inefficiency and misconduct. The Tribunal found that the charges were based on a misunderstanding regarding his leave of absence, which had been sanctioned due to illness. The case highlighted significant procedural flaws, including the failure to provide a reasonable opportunity for Malik to defend himself and the lack of a formal inquiry into the charges. The Tribunal ruled that the dismissal was unjustified and reinstated Malik with full benefits, emphasizing the need for fairness and due process in disciplinary actions against government servants. This ruling reinforces the principles of natural justice in service tribunal proceedings and the importance of adequate evaluation periods for new civil servants. The decision serves as a critical reference for future cases involving inefficiency and misconduct allegations against government employees, ensuring that proper protocols are followed to uphold the rights of civil servants. |
Court |
Federal Service Tribunal
|
Entities Involved |
Federal Service Tribunal,
Accountant-General Punjab
|
Judges |
SYED ALLY MADAD SHAH,
MUHAMMAD IRSHAD KHAN,
CH. A. RAHMAN KHAN
|
Lawyers |
Muhammad Sharif,
Muhammad Amir Akbar Khan,
Muhammad Abdullah,
Haji boor Muhammad,
Rashid Akhtar
|
Petitioners |
MUHAMMAD IJAZUL HAQUE MALIK
|
Respondents |
another,
THE ACCOUNTANT-GENERAL, PUNJAB, LAHORE
|
Citations |
1988 SLD 557,
1988 PLC 264
|
Other Citations |
Not available
|
Laws Involved |
Service Tribunals Act (LXX of 1973),
Government Servants (Efficiency and Discipline) Rules, 1973
|
Sections |
4,
5
|