| Case ID |
39d77383-485b-4ad0-b2ff-91249025e1bd |
| Body |
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| Case Number |
Appeal No. 104 of 1988 |
| Decision Date |
Apr 11, 1989 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the order dated 13-5-1987 passed by respondent No. 2 was set aside. The appellant was reinstated in service from the date of his compulsory retirement. The period of compulsory retirement was to be treated as leave without pay. The tribunal found that the enquiry against the appellant was not conducted properly, and the penalty imposed was invalid as the respondent No. 2 exceeded his jurisdiction. The tribunal emphasized that under the new rules, the earlier rules could not be applied, making the enhancement of punishment illegal and ultra vires. |
| Summary |
This case revolves around the appeal filed by Mazhar Ilahi against the order of compulsory retirement imposed by the Inspector-General of Police, Peshawar. The tribunal analyzed the procedural lapses in the enquiry that led to the imposition of penalties. Key issues included the denial of allegations by the complainant and the improper application of repealed rules. The tribunal underscored the importance of adhering to current laws and emphasized the legal principle that actions taken beyond statutory authority are deemed illegal. The appeal's acceptance reinstated the appellant, highlighting the need for fair and lawful proceedings in disciplinary actions within the police framework. This case serves as a vital reference for understanding the nuances of administrative justice and the adherence to procedural fairness in public service disciplinary matters. Keywords include 'compulsory retirement', 'administrative justice', 'disciplinary action', 'legal principles', and 'public service'. |
| Court |
Service Tribunal, N.W.F.P.
|
| Entities Involved |
Not available
|
| Judges |
Malik Muhammad Parvez Khan (Chairman),
Taj Muhammad Khan (Member)
|
| Lawyers |
S. Muzaffar Shah for Appellant,
Special Government Pleader for Respondents
|
| Petitioners |
Mazhar Ilahi
|
| Respondents |
2 others,
The Inspector-General of Police, Peshawar
|
| Citations |
1989 SLD 1721,
1989 PLC 465
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Service Tribunals Act (I of 1974),
North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973,
Police Rules, 1934
|
| Sections |
4,
10,
16.1,
16.28
|