| Case ID |
2e153a4a-4b5f-406b-ab73-670396506411 |
| Body |
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| Case Number |
236/1403 of 1981 |
| Decision Date |
May 12, 1982 |
| Hearing Date |
|
| Decision |
The appeal filed by Rahat Saeed Khan was accepted, and the order dated 7th May, 1981, which terminated his services, was declared void ab initio. The Tribunal found that the termination was carried out in a discriminatory manner without proper notice, violating the mandatory rules set forth in the Punjab Civil Servants Act. The appellant was reinstated in service, reflecting the principles of fairness and adherence to due process in civil service matters. The Tribunal emphasized that any action taken against a civil servant holding a regular appointment must follow established procedures, including providing an opportunity to show cause. |
| Summary |
In the case of Rahat Saeed Khan vs. Government of the Punjab, the Service Tribunal addressed the unlawful termination of a civil servant's employment. Rahat Saeed Khan, who was employed as a Mechanical Foreman, challenged the termination order, asserting that it was executed without notice and in violation of the Punjab Civil Servants Act (1974). The Tribunal examined the facts of the case, noting that the appellant was appointed based on qualifications and proper procedures. It was determined that the actions taken by the respondents were discriminatory, as similar employees with lesser qualifications were not terminated. The Tribunal's decision underscores the importance of due process in civil service employment and the protection of employees' rights against arbitrary actions by authorities. This case highlights the legal standards governing civil service appointments and terminations, reinforcing the principle that civil servants cannot be dismissed without following procedural fairness. The ruling serves as a precedent for ensuring that civil servants are treated equitably and that their rights are safeguarded under the law. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Government Weaving and Finishing Centre, Shahdara,
Burewala Textile Mills, Burewala,
Crescent Textile Mills Faisalabad
|
| Judges |
S. ABDUL JABBAR KHAN (CHAIRMAN),
MALIK ZAWWAR HUSSAIN,
ABDUL HAMID CHAUDHRY
|
| Lawyers |
Muhammad Anwar Sipra,
Maroon-ur-Rashid Cheema
|
| Petitioners |
RAHAT SAEED KHAN
|
| Respondents |
GOVERNMENT OF THE PUNJAB THROUGH SECRETARY, INDUSTRIES, CIVIL SECRETARIAT, LAHORE,
DIRECTOR OF INDUSTRIES AND MINERAL DEVELOPMENT, PUNJAB,
GENERAL MANAGER, GOVERNMENT WEAVING AND FINISHING CENTRE, SHAHDARA, LAHORE
|
| Citations |
1984 SLD 1816,
1984 PLC 1308
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974)
|
| Sections |
Section 10
|