| Case ID |
38701eaf-ab74-418d-9c1b-c1777f2bec1b |
| Body |
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| Case Number |
358(L) of 1986 |
| Decision Date |
Mar 01, 1990 |
| Hearing Date |
|
| Decision |
The appeal was dismissed by the Service Tribunal on the grounds of failure to exhaust departmental remedies as required under the Service Tribunals Act. The Tribunal concluded that the grievance notice served by the appellant did not constitute a departmental appeal, which is a prerequisite for appealing to the Tribunal. The case highlights the importance of following procedural rules in administrative matters, particularly in civil service employment disputes. The Tribunal found that the allegations against the appellant warranted a formal inquiry, which had not been conducted, thereby questioning the legitimacy of the removal from service. However, due to the appellant's failure to adhere to the necessary legal framework, the appeal was ultimately deemed incompetent. |
| Summary |
This case revolves around the dismissal of Muhammad Latif Bhatti, a Lineman at WAPDA, who was removed from service without a proper inquiry following allegations of misconduct related to the electrocution of buffaloes and the death of a colleague due to alleged negligence. The Federal Service Tribunal ruled on the procedural aspects of the case, emphasizing the necessity of following established protocols for disciplinary actions against civil servants. The Tribunal found that the appellant had not been provided with an opportunity to defend himself adequately and that a regular inquiry should have been conducted to substantiate the allegations against him. The decision underscores the significance of adhering to legal procedures in employment disputes, particularly in public service, where employees have rights that must be respected. The case also illustrates the complexities involved in navigating service laws and the implications of failing to pursue required administrative remedies before escalating to judicial review. Key terms include 'civil service', 'disciplinary procedure', 'grievance notice', 'Service Tribunals Act', and 'WAPDA'. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
WAPDA,
Area Electricity Board
|
| Judges |
KHAWAJA ABDUL,
JALIL,
CH. HASAN NAWAZ
|
| Lawyers |
Mian Mahmood Hussain,
S. Iftikhar Ahmad,
M. Ameen Kaleem
|
| Petitioners |
MUHAMMAD LATIF BHATTI
|
| Respondents |
another,
CHAIRMAN, AREA ELECTRICITY BOARD (E), WAPDA, GUJRANWALA
|
| Citations |
1990 SLD 1581,
1990 PLC 810
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978
|
| Sections |
3,
4,
11
|