| Case ID |
36c5ad82-77be-4bc9-beca-bbb006f8b41f |
| Body |
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| Case Number |
Appeal No. 668(R)(C.S.) of 2007 |
| Decision Date |
Nov 08, 2008 |
| Hearing Date |
Nov 05, 2008 |
| Decision |
The Federal Service Tribunal found that the major penalty of dismissal imposed on the appellant was excessively harsh and discriminatory, especially in light of a co-accused who received a minor penalty. The Tribunal set aside the dismissal and converted it into a minor penalty of withholding increments for two years, highlighting that the allegations of inefficiency and slackness did not warrant such a severe punishment. The appellant's appeal was thus upheld, allowing for his reinstatement with the appropriate adjustments to his service record. |
| Summary |
This case revolves around the dismissal of an employee from Pakistan Railways under the Removal from Service (Special Powers) Ordinance, 2000. The employee, an Assistant Engineer, was charged with gross misconduct and negligence related to the illegal cutting of trees, leading to significant financial loss to the organization. Following an inquiry, the employee was found guilty and dismissed. The case was appealed to the Federal Service Tribunal where it was argued that the punishment was disproportionate compared to the co-accused's minor penalty. The Tribunal agreed, emphasizing that the charges did not justify the major penalty of dismissal, leading to the conversion of his punishment to a minor penalty. Key legal frameworks cited include the Removal from Service Ordinance and the Service Tribunals Act, which were examined for procedural compliance and fairness in imposing penalties. The decision underscores the importance of equitable treatment in disciplinary actions within public service. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
Rashid Mahmood Ahmed Ansari,
Zaheer Ahmed
|
| Lawyers |
Not available
|
| Petitioners |
Not available
|
| Respondents |
Not available
|
| Citations |
2009 SLD 3195,
2009 PLC 492
|
| Other Citations |
2005 SCMR 1617,
2003 PLC (C.S.) 317,
2002 SCMR 610
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance,
Service Tribunals Act, 1973
|
| Sections |
3,
5,
6,
4
|