| Case ID |
383b55fb-887f-4634-9700-ac39c7be6197 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.2222 of 2001 |
| Decision Date |
Jan 03, 2003 |
| Hearing Date |
Jan 03, 2003 |
| Decision |
The Supreme Court of Pakistan dismissed the petition under Article 212(3) of the Constitution against the judgment of the Federal Service Tribunal, which modified the penalty from dismissal to compulsory retirement. The Court found that the Service Tribunal had acted within its jurisdiction in modifying the penalty, as the allegations against the respondent were not substantiated by sufficient evidence to prove misconduct. The Tribunal rightly noted that the respondent had served the bank for 24 years without prior misconduct, and the decision to impose dismissal was deemed arbitrary given the lack of a proper inquiry. The Supreme Court also indicated that its scope of review in such cases is limited, and thus refused to interfere with the Tribunal’s decision. |
| Summary |
This case revolves around the dismissal of Akif Javed, an employee of the Agriculture Development Bank of Pakistan, accused of receiving illegal gratification for employment facilitation. The Supreme Court upheld the Service Tribunal's decision to convert the dismissal into compulsory retirement, citing procedural flaws in the original inquiry and lack of evidence. The case underscores the importance of fair inquiry processes in employment matters and the limited scope of Supreme Court intervention under Article 212(3) of the Constitution. Keywords such as 'Service Tribunal', 'dismissal', 'compulsory retirement', and 'illegal gratification' are essential for understanding the legal implications and relevance of this case in labor law jurisprudence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Agriculture Development Bank of Pakistan
|
| Judges |
SH. RIAZ AHMED, C.J.,
MIAN MUHAMMAD AJMAL,
MUHAMMAD NAWAZ ABBASI, JJ
|
| Lawyers |
Hafiz S.A. Rehman, Senior Advocate Supreme Court,
M.A. Zaidi, Advocate-on-Record for Petitioners,
M. Aslam Uns, Advocate Supreme Court,
Imtiaz Muhammad Khan, Advocate-on-Record for Respondent
|
| Petitioners |
AGRICULTURE DEVELOPMENT BANK OF PAKISTAN through Chairman and another
|
| Respondents |
AKIF JAVED
|
| Citations |
2005 SLD 1207,
2005 SCMR 752
|
| Other Citations |
Pakistan Railways v. Ghulam Rasul 1997 SCMR 1581 rel.
|
| Laws Involved |
Agriculture Development Bank of Pakistan Officers Service (Efficiency and Discipline) Regulations, 1975,
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
4(b)(ii),
4,
5,
212(3)
|