| Case ID |
306dd884-8da4-4f8c-80e0-aca12331f050 |
| Body |
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| Case Number |
Appeal No. 103 (R) of 1979 |
| Decision Date |
Dec 14, 1983 |
| Hearing Date |
May 04, 1983 |
| Decision |
The Federal Service Tribunal accepted the appeal filed by Dr. Rab Nawaz Khan against his compulsory retirement, determining that while the appellant had engaged in misconduct by realizing fees without the sanction of the competent authority, the circumstances surrounding his actions did not demonstrate mens rea, which is essential for criminal liability. The Tribunal noted that the appellant's prior practice and the lack of clear guidance from the Ministry of Health contributed to his misunderstandings regarding his financial dealings. Therefore, the Tribunal concluded that a warning would suffice, rather than the severe penalty of compulsory retirement. The ruling emphasized the importance of due process and the necessity for the appellant to have been afforded a fair opportunity to defend himself during the inquiry process. |
| Summary |
In the case of Dr. Rab Nawaz Khan vs. Secretary, Ministry of Health, Islamabad, the Federal Service Tribunal addressed allegations of misconduct against Dr. Khan, a specialist doctor in a government hospital. The case centered on the misuse of his official position for personal gain, specifically regarding the unauthorized collection of fees while holding a non-practicing post. The Tribunal scrutinized the procedural integrity of the departmental inquiry that led to his compulsory retirement, highlighting significant irregularities such as the denial of the right to summon defense witnesses and the lack of impartiality in the inquiry officer's conduct. The Tribunal ultimately found that while Dr. Khan's actions constituted misconduct, they did not reflect criminal intent, leading to the decision to accept his appeal and reinstate him with a warning. This case underscores the necessity for clear regulations and fair procedures within public service disciplinary actions, emphasizing that punitive measures should not be disproportionately severe in the absence of clear criminal intent. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Government of Pakistan,
Federal Service Tribunal,
Ministry of Health
|
| Judges |
JUSTICE SHAH ABDUR RASHID (CHAIRMAN),
A. O. RAZIUR RAHMAN (MEMBER),
BRIG. (RETD.) ABDUR RASHID (MEMBER)
|
| Lawyers |
M. S. Siddiqi,
Syed M. Shahudul Haque
|
| Petitioners |
DR. RAB NAWAZ KHAN
|
| Respondents |
SECRETARY, MINISTRY OF HEALTH, ISLAMABAD
|
| Citations |
1984 SLD 1245,
1984 PLC 560
|
| Other Citations |
Alfred Avins on Employees Misconduct, p. 561,
Reading v. Attorney-General, p. 566
|
| Laws Involved |
Service Tribunals Act (LXX of 1973)
|
| Sections |
4
|