| Case ID |
3abe2f92-1df0-4e11-9587-2e68f5d00cec |
| Body |
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| Case Number |
Civil Petition No.836 of 2004 |
| Decision Date |
Oct 21, 2005 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition under Article 212(3) of the Constitution challenging the Federal Service Tribunal's judgment which had reinstated the respondent, Muhammad Arif Raja, after his dismissal for alleged misconduct involving running a private business while in service. The court found that the evidence presented was inadequate to substantiate the claims against the respondent, emphasizing the need for reliable evidence and the proper handling of admissibility in departmental proceedings. The judgment highlighted the importance of due process and the rights of government servants in disciplinary matters. |
| Summary |
In the case of Civil Petition No.836 of 2004, the Supreme Court of Pakistan deliberated on the dismissal of Muhammad Arif Raja, a Deputy Director at the National Book Foundation, for alleged misconduct related to engaging in a private business without the necessary permissions. The case hinged on the interpretation of the Government Servants (Conduct) Rules, 1964, and the Removal from Service (Special Powers) Ordinance, 2000. The Tribunal had reinstated Raja, citing insufficient evidence to prove the misconduct charges. The Supreme Court upheld the Tribunal's ruling, stating that the evidence presented did not meet the legal standards required to confirm the charges. The court emphasized the distinction between departmental evidence and that required in regular courts, asserting that without clear proof, the allegations could not be substantiated. This case underscores the principles of fairness and justice in administrative proceedings and the protection of civil servants' rights against arbitrary actions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
National Institute of Computer Studies,
National Book Foundation
|
| Judges |
MUHAMMAD NAWAZ ABBASI, JJ,
M. JAVED BUTTAR
|
| Lawyers |
Muhammad Afzal Siddiqui, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record,
Raja Muhammad Asghar Khan, Advocate Supreme Court,
M.A. Zaidi, Advocate-on-Record
|
| Petitioners |
MANAGING DIRECTOR, NBF, ISLAMABAD and 2 others
|
| Respondents |
MUHAMMAD ARIF RAJA
|
| Citations |
2006 SLD 1490,
2006 PLD 175
|
| Other Citations |
Not available
|
| Laws Involved |
Government Servants (Conduct) Rules, 1964,
Removal from Service (Special Powers) Ordinance, 2000,
Service Tribunals Act, 1973,
Constitution of Pakistan, 1973
|
| Sections |
16,
3,
4,
185(3),
212(3)
|