| Case ID |
35f29c26-d8be-463c-94be-ef1bd230e52c |
| Body |
View case body. Login to View |
| Case Number |
Appeal No.24(K)(CS) of 2010 |
| Decision Date |
Jan 10, 2011 |
| Hearing Date |
Jan 06, 2011 |
| Decision |
The Tribunal set aside the impugned orders of dismissal against Mst. Sajida Shaikh, citing the lack of a regular inquiry as a violation of the legal mandates. The court emphasized that the allegations against the appellant required a formal inquiry that included her participation and the opportunity for cross-examination. The decision to dispense with the regular inquiry was deemed unlawful, leading to the reinstatement of the appellant with all consequential benefits. The ruling highlighted the importance of following due process in disciplinary actions, especially when major penalties are at stake. |
| Summary |
In this case, Mst. Sajida Shaikh was dismissed from her position as a Counter Clerk in the Postal Department due to allegations of misconduct, including possession and sale of forged stamps. The Federal Service Tribunal concluded that the dismissal was unjust as it was based on a summary removal without a proper inquiry. The Tribunal reinstated the appellant, emphasizing the necessity of conducting a regular inquiry in cases where major penalties are imposed. This case reinforces the legal principle that employees must be afforded due process and the right to defend themselves against serious allegations. The decision is significant as it aligns with the judicial standards set by the Supreme Court of Pakistan regarding inquiry procedures and the treatment of public servants. Keywords such as 'service tribunal', 'public service law', and 'due process in employment' are essential for understanding this case's implications. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
M.A. AZIZ,
FARRAKH QAYYUM
|
| Lawyers |
Sanaullah Noor Ghauri,
Arshad Khan Tanoli,
Ejaz Nabi
|
| Petitioners |
Mst. SAJIDA SHAIKH
|
| Respondents |
others,
DEPUTY POST MASTER GENERAL, NORTHERN SINDH CIRCLE POSTAL SERVICES, HYDERABAD
|
| Citations |
2012 SLD 1232,
2012 PLC 189
|
| Other Citations |
2009 SCMR 329,
2009 SCMR 339
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance, 2000,
Service Tribunals Act, 1973
|
| Sections |
3,
5,
6,
10
|