| Case ID |
3971762d-a41c-44eb-bae8-03f63d5b3585 |
| Body |
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| Case Number |
143(K)CS of 2021 |
| Decision Date |
Sep 06, 2022 |
| Hearing Date |
Sep 01, 2022 |
| Decision |
The appeal was allowed based on the failure to conduct a proper inquiry as mandated by law. The tribunal found that the dismissal of Mumtaz Hussain Phulpoto from the National Highways and Motorway Police was based on an improper show-cause notice and a lack of a fair inquiry process. The tribunal emphasized that major penalties cannot be imposed without a regular inquiry, which was not conducted in this case. The decision to dismiss was deemed illegal because it did not follow the required legal procedures, including the issuance of a charge sheet and providing an opportunity for the appellant to defend himself. Consequently, the tribunal directed the reinstatement of the appellant with full back benefits. |
| Summary |
This case revolves around the dismissal of Mumtaz Hussain Phulpoto, an ex-inspector of the National Highways and Motorway Police, due to allegations of misconduct, specifically issuing bogus challans. The Federal Service Tribunal ruled that the dismissal was illegal because no proper inquiry was conducted as required by the Government Servants (Efficiency and Discipline) Rules, 1973. The tribunal highlighted the importance of a fair hearing and adherence to legal procedures in cases of major penalties. The ruling underscores the principle that employees must be afforded the opportunity to defend themselves against allegations, and without such an opportunity, any imposed penalty is invalid. This case serves as a significant reminder of the legal protections afforded to government servants under the law, emphasizing the necessity of conducting thorough and fair inquiries before taking disciplinary actions. The decision is crucial for ensuring that public servants are not unjustly penalized without due process, reinforcing the rule of law within governmental institutions. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
National Highways and Motorway Police,
Departmental authority
|
| Judges |
Tauqeer Ahmed Khan,
Shahid Ahmad
|
| Lawyers |
Makhdum Khurshed Hussain Shah
|
| Petitioners |
Mumtaz Hussain Phulpoto
|
| Respondents |
,
Inspector General of Police, National Highways & Motorway Police, Islamabad
|
| Citations |
2023 SLD 7134,
2023 PLJ 34
|
| Other Citations |
2019 PLC (CS) Note 14,
2020 SCMR 1029,
2009 SCMR 329,
2009 PLC (CS) 19
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973,
Service Tribunals Act, 1973
|
| Sections |
6,
4
|