| Case ID |
3d5be6e6-c1fa-43d0-a155-318b7533b101 |
| Body |
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| Case Number |
Civil Appeal No. 50I of 2002 |
| Decision Date |
Jan 15, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan accepted the appeal of Muhammad Salman Faruqui, setting aside the judgment of the Federal Service Tribunal. The court ruled that the dismissal from service was invalid due to the lack of a proper departmental inquiry. The court emphasized the necessity of conducting a fair inquiry under Rule 5(1)(ii) of the Government Servants (Efficiency and Discipline) Rules, 1973, as the charges against the appellant involved serious and intricate factual disputes. The case was remanded to the competent authority for a regular inquiry and to ensure that the principles of natural justice were upheld. |
| Summary |
In the case of Muhammad Salman Faruqui vs. Javed B-Ur-Ki, the Supreme Court of Pakistan addressed crucial issues regarding the dismissal of a government servant without a proper inquiry. The court highlighted the importance of adhering to the Government Servants (Efficiency and Discipline) Rules, 1973, particularly Rule 5(1)(ii), which mandates a departmental inquiry when serious allegations are made. The appellant, Muhammad Salman Faruqui, faced multiple charges of misconduct and corruption, which were deemed too complex to resolve without a hearing. The court's decision underscores the significance of due process and the rights of government employees to defend themselves in disciplinary proceedings. This ruling serves as a pivotal reference point for future cases involving government servant dismissals, emphasizing the need for transparency and justice in administrative actions. The decision is expected to resonate in ongoing discussions about public sector accountability and the protection of civil servants' rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Pakistan,
Federal Service Tribunal,
Ministry of Water and Power
|
| Judges |
Sardar Muhammad Raza Khan,
Falak Sher
|
| Lawyers |
Fakhr-ud-Din G. Ebrahim,
M.S. Khattak,
Nasir Saeed Sheikh,
Ch. Muhammad Akram
|
| Petitioners |
Muhammad Salman Faruqui
|
| Respondents |
Javed B-Ur-Ki,
Authorized Officer,
Secretary, Ministry of Water and Power, Government of Pakistan
|
| Citations |
2007 SLD 537,
2007 SCMR 693
|
| Other Citations |
Not available
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973
|
| Sections |
5(1)(ii),
5(1)(iii)
|