| Case ID |
39384e8a-5e72-4057-89f6-234087c1d052 |
| Body |
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| Case Number |
481/257 of 1985 |
| Decision Date |
Mar 08, 1986 |
| Hearing Date |
|
| Decision |
The appeal of Syed Fida Hussain was accepted by the Service Tribunal, Punjab. The Tribunal found that the dismissal from service was unlawful as the appellant was not provided with a proper regular enquiry after being served with a charge-sheet. The Tribunal directed that all previous orders regarding the dismissal be set aside and that the appellant be reinstated in service. The Tribunal emphasized that the proceedings against the appellant must follow the Efficiency and Discipline Rules, ensuring that the appellant's rights are upheld and that he is afforded a fair chance to defend himself in accordance with the law. The case was remanded to the competent authority for further action, including determining the period of time the appellant was out of service. |
| Summary |
In the landmark case of Syed Fida Hussain vs. The Medical Superintendent of Government T.B. Hospital, the Service Tribunal, Punjab, ruled on the necessity of conducting a regular enquiry in cases of dismissal from service under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. The Tribunal noted that the appellant had been dismissed without a proper enquiry, violating the mandatory procedures outlined in the law. This case highlights crucial aspects of civil service regulations, including the rights of civil servants facing disciplinary actions. The Tribunal's decision to reinstate the appellant underscores the importance of due process and adherence to legal frameworks in employment matters. The ruling serves as a precedent for similar cases where civil servants are dismissed without adequate procedural safeguards. Keywords: civil service, dismissal, regular enquiry, Punjab Service Tribunal, efficiency and discipline rules. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMID CHAUDHRY
|
| Lawyers |
Naseer Ahmad Qureshi,
Ghulamus Sayeddain
|
| Petitioners |
Syed FIDA HUSSAIN
|
| Respondents |
THE MEDICAL SUPERINTENDENT, GOVERNMENT T.B HOSPITAL, SARGODHA,
Deputy Director of Health, Sargodha Division, Sargodha
|
| Citations |
1986 SLD 2375,
1986 PLC 984
|
| Other Citations |
Mushtaq Hussain v. Medical Superintendent, Nishter Hospital, Multan and another Case No. 396/399 of 1985
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975,
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
4,
6,
4
|