| Case ID |
3ccb23fc-8a61-4b46-ac83-19cbb339c64f |
| Body |
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| Case Number |
Appeal No.558(K) (CE) of 2002 |
| Decision Date |
Nov 15, 2005 |
| Hearing Date |
Nov 12, 2005 |
| Decision |
The appeal was allowed, and the impugned order dated 17-6-2002 was set aside. The Tribunal found that the allegations against the appellant were unfounded and lacked evidence. The appellant's removal from service was deemed illegal and void ab initio. Consequently, the authorities were directed to reinstate the appellant in service with all back-benefits from the time he was not gainfully employed. The decision emphasized that the allegations were a result of personal vendetta and were pre-planned, reflecting a misinterpretation of the relevant decisions and laws. |
| Summary |
In the case of Ashraf Khan vs Chairman Pakistan Steel Bin Qasim, the Federal Service Tribunal addressed the wrongful termination of Ashraf Khan under the Removal from Service (Special Powers) Ordinance. The tribunal found that the appellant was removed from service without sufficient evidence of misconduct, particularly allegations of political influence in securing employment. The case highlighted the importance of due process and the legal protections afforded to employees against arbitrary dismissal. The tribunal's judgment underscored the need for fair treatment in employment matters and set a precedent for similar cases involving wrongful termination and political influence in employment. The decision to reinstate the appellant with back-benefits reflects a commitment to justice and fairness in employment practices, emphasizing the tribunal's role in safeguarding employee rights against unjust actions by employers. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Pakistan Steel Mills
|
| Judges |
Qazi Muhammad Hussain Siddiqui,
Rashid Ali Mirza
|
| Lawyers |
Sanaullah Noor Ghauri,
Mehmood Clerk of Zahid Hamid
|
| Petitioners |
Ashraf Khan
|
| Respondents |
Chairman Pakistan Steel Bin Qasim, Karachi
|
| Citations |
2006 SLD 1762,
2006 PLC 743
|
| Other Citations |
Not available
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance,
Service Tribunals Act
|
| Sections |
3,
4
|