| Case ID |
3a0ddeaa-8f11-44a3-9e02-41d2742da82e |
| Body |
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| Case Number |
Appeal No. 668(R)(C.S.) of 2007 |
| Decision Date |
Nov 08, 2008 |
| Hearing Date |
Nov 05, 2008 |
| Decision |
The Federal Service Tribunal set aside the impugned order of major penalty of dismissal from service imposed on the appellant under Section 3 of the Removal from Service (Special Powers) Ordinance, XVII of 2000. The Tribunal converted the major penalty into a minor penalty of withholding increments for two years from the date of dismissal. The decision was influenced by the finding that the major penalty was excessively harsh, especially in comparison to the minor penalties awarded to co-accused individuals. The Tribunal emphasized that charges of inefficiency, slackness, and lack of control did not justify such a severe penalty. Additionally, the Tribunal noted the absence of regular inquiry procedures and proper defense opportunities in the initial dismissal, leading to the conversion of the penalty. The decision ensures fair treatment and prevents discriminatory practices within the service framework. |
| Summary |
In the landmark case Appeal No. 668(R)(C.S.) of 2007, the Federal Service Tribunal in Islamabad delivered a pivotal judgment on November 8, 2008, addressing the severe penalty imposed on an Assistant Engineer of Pakistan Railways, Khanewal. The appellant faced dismissal under the Removal from Service (Special Powers) Ordinance, XVII of 2000, specifically sections 3, 5, and 6, as well as the Service Tribunals Act, 1973. Central to the case were allegations of gross misconduct, negligence of duty, and a careless attitude, stemming from the illegal cutting of 98 green trees at multiple railway stations, resulting in a financial loss of Rs.6,73,750. The initial inquiry, conducted by Deputy P.D. Syed Ghazanfar Abbas, concluded the appellant's guilt, leading to his dismissal. However, the Tribunal found the major penalty disproportionate, especially when contrasted with a co-accused who received a minor penalty for similar infractions. The Tribunal highlighted the lack of regular inquiry procedures and the absence of a robust defense mechanism, deeming the initial dismissal as excessively harsh and discriminatory. By converting the dismissal into a minor penalty of withholding increments for two years, the Tribunal underscored the importance of fair and equitable treatment within public service. This judgment not only rectified the immediate injustice faced by the appellant but also set a precedent for ensuring balanced punitive measures in administrative law. The case references pivotal citations like 2005 SCMR 1617 and 1997 PLC (C.S.) 345, reinforcing the legal stance against disproportionate penalties. Overall, this decision reinforces the principles of justice, proportionality, and non-discrimination, serving as a cornerstone for future cases involving service-related disputes and disciplinary actions within governmental bodies. Keywords: Federal Service Tribunal, Pakistan Railways, Removal from Service Ordinance, administrative justice, disciplinary action, public service law, legal precedent, proportional penalties, discrimination in service, greenery protection railway, legal fairness, employment law Pakistan. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Pakistan Railways,
Federal Service Tribunal,
Service Tribunals Act, 1973,
Removal from Service (Special Powers) Ordinance, XVII of 2000
|
| Judges |
RASHID MAHMOOD AHMED ANSARI,
ZAHEER AHMED
|
| Lawyers |
Not available
|
| Petitioners |
Not available
|
| Respondents |
Not available
|
| Citations |
2009 SLD 3211,
2009 PLC 492
|
| Other Citations |
2005 SCMR 1617,
2003 PLC (C.S.) 317,
2002 SCMR 610,
1997 PLC (C.S.) 345
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance, XVII of 2000,
Service Tribunals Act, 1973
|
| Sections |
3,
5,
6
|