| Case ID |
36dd2457-a968-4257-bba4-d312f725b23c |
| Body |
View case body. Login to View |
| Case Number |
Appeal No. 10 of 1988 |
| Decision Date |
Sep 18, 1988 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the dismissal order against Waris Khan was set aside due to the lack of a proper inquiry into the allegations of illegal gratification. The Tribunal concluded that the authority failed to adhere to the principles of natural justice by acting as both prosecutor and judge without proper evidence. Consequently, Waris Khan was reinstated in service from the date of his dismissal, entitled to all benefits, with parties bearing their own costs. |
| Summary |
In the case of Waris Khan vs. Senior Superintendent of Police, Peshawar, the Service Tribunal ruled on the improper dismissal of a civil servant accused of accepting illegal gratification. The Tribunal found that no fair inquiry was conducted, violating principles of natural justice. The case highlights the importance of impartiality in disciplinary proceedings and the necessity for thorough investigations before dismissing civil servants. The ruling reinstated Waris Khan, emphasizing the need for adherence to legal standards and ethical practices in public service administration. Keywords include civil servant rights, natural justice, administrative law, and disciplinary procedures. |
| Court |
Service Tribunal, N.W.F.P.
|
| Entities Involved |
Not available
|
| Judges |
MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN),
SANG-E-MARJAN KHAN (MEMBER)
|
| Lawyers |
Qazi Muhammad Anwar for Appellant,
Muhammad Latif Khan for Respondents
|
| Petitioners |
Waris Khan
|
| Respondents |
,
SENIOR SUPERINTENDENT OF POLICE, PESHAWAR
|
| Citations |
1989 SLD 1932,
1989 PLC 777
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973,
North-West Frontier Province Service Tribunals Act (I of 1974)
|
| Sections |
5,
6,
4
|