| Case ID |
38287df1-aebb-4edf-af0b-ece3733ef6c4 |
| Body |
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| Case Number |
Civil Petition No. 24 of 1995 |
| Decision Date |
May 29, 1995 |
| Hearing Date |
May 29, 1995 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal to determine whether the removal of Muhammad Hussain from service was lawful given that the order was issued by a Member of the Mechanical Engineering department rather than the designated Authority, the General Manager. The Court acknowledged the complexity of the case, particularly regarding the delegation of authority and the procedural aspects of the disciplinary action taken against the respondent. The operation of the impugned order of the Service Tribunal was suspended, indicating that the case would be expedited for a final decision. |
| Summary |
This case involves Muhammad Hussain, a permanent Way Inspector at Pakistan Railways, who was removed from service due to alleged misconduct. The order was issued by a Member of the Mechanical Engineering department, which was disputed as he was not the designated Authority according to the Railway Servants (Efficiency and Discipline) Rules, 1975. The Federal Service Tribunal overturned the removal, citing the lack of lawful authority in the decision-making process. The Supreme Court has now taken up the case to clarify the delegation of powers and the legality of the removal order issued by a non-designated officer. This case highlights critical issues regarding administrative authority and procedural fairness in disciplinary actions within public service sectors. It raises important questions about the interpretation of legal designations and the extent of authority held by various officers in the hierarchy of Pakistan Railways. Legal professionals and scholars may find this case significant as it sets a precedent for future cases involving administrative decisions and disciplinary actions in public services. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Railways
|
| Judges |
MANZOOR HUSSAIN SIAL,
ZIA MAHMOOD MIRZA
|
| Lawyers |
Mirza Masood-ur-Rehman, Advocate Supreme Court for Petitioners,
Hafiz S.A. Rehman, Advocate Supreme Court with M. Akram, Advocate-on-Record for Respondent
|
| Petitioners |
2 others,
GENERAL MANAGER, PAKISTAN RAILWAYS, HEADQUARTERS OFFICE, LAHORE
|
| Respondents |
MUHAMMAD HUSSAIN
|
| Citations |
1998 SLD 1496,
1998 PLC 897
|
| Other Citations |
Not available
|
| Laws Involved |
Railway Servants (Efficiency and Discipline) Rules, 1975,
Constitution of Pakistan (1973)
|
| Sections |
5,
212(3)
|