Legal Case Summary

Case Details
Case ID 38463427-3310-4aaf-9fee-d73a809f4d36
Body View case body.
Case Number Appeal No. 467(R) of 1990
Decision Date Oct 27, 1991
Hearing Date Oct 27, 1991
Decision The court ruled that the original punishing authority could not revise its own orders of termination after they had been cancelled. The authority lacked the jurisdiction to amend or replace its orders once a departmental appeal had been filed. The decision highlighted the principle that an appellate authority becomes seized of the matter in the case of an appeal, thus preventing the punishing authority from making further modifications. The absence of an inquiry against the civil servant rendered the termination order unsustainable.
Summary In this significant case, the Federal Service Tribunal addressed the jurisdictional limits of a punishing authority in civil service matters. The case involved LIAQUAT ALI SHAHID, whose termination was initially cancelled but then reinstated by the same authority. The Tribunal clarified that once a departmental appeal is filed, the punishing authority cannot revise its orders, emphasizing the importance of due process in civil service terminations. The judgment underscores the necessity for thorough inquiries before imposing penalties on civil servants, ensuring justice and adherence to procedural safeguards. This ruling has far-reaching implications for civil service law and the rights of employees, making it a crucial reference for similar cases in the future.
Court Federal Service Tribunal
Entities Involved Not available
Judges S.M. ISHAQ, CH. HASAN NAWAZ
Lawyers Raja Muhammad Asghar Khan, Hafiz S.A. Rahman
Petitioners LIAQUAT ALI SHAHID
Respondents 2 others, THE SECRETARY, MINISTRY OF DEFENCE, RAWALPINDI
Citations 1992 SLD 803, 1992 PLC 403
Other Citations Not available
Laws Involved Not available
Sections Not available