| Case ID |
3d73ed90-a88d-4ed9-91f3-f1623a6cb72f |
| Body |
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| Case Number |
Civil Appeal No.92-K of 2012 |
| Decision Date |
Jul 16, 2014 |
| Hearing Date |
Jul 15, 2014 |
| Decision |
The Supreme Court allowed the appeal filed by SOHAIL AHMED USMANI against the decision of the High Court of Sindh, which had reinstated him but denied him back benefits. The Court found that the High Court had not provided sufficient reasoning for holding the appellant partly responsible for his misconduct, particularly after noting that most charges against him were unproven. The Court emphasized that unless it was proven that the appellant had secured gainful employment during his dismissal, he was entitled to back benefits from the date of his dismissal until reinstatement. The judgment of the High Court was thus modified to direct the payment of back benefits to the appellant for the stated period. |
| Summary |
In the Supreme Court case of Civil Appeal No.92-K of 2012, the appellant, SOHAIL AHMED USMANI, challenged the decision of the High Court of Sindh, which reinstated him after a dismissal from the Pakistan Civil Aviation Authority but denied back benefits. The Supreme Court found that the High Court's decision lacked substantial reasoning regarding the appellant's alleged partial responsibility for misconduct, especially since the majority of charges were unsubstantiated. The Court ruled that reinstatement should come with back benefits unless evidence showed the appellant was gainfully employed during the dismissal period. The Supreme Court's ruling underscores the importance of due process and provides a significant precedent for similar employment-related disputes, emphasizing the rights of employees in reinstatement cases. Keywords: Civil Aviation Authority, reinstatement, back benefits, employee rights, misconduct, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER,
JAMALI,
SARMAD,
JALAL OSMANY,
MUHAMMAD ATHER SAEED
|
| Lawyers |
S. Mahmood Abbas,
Ghulam Qadir Jatoi,
Sanaullah Noor Ghouri
|
| Petitioners |
SOHAIL AHMED USMANI
|
| Respondents |
,
DIRECTOR-GENERAL PAKISTAN CIVIL AVIATION AUTHORITY
|
| Citations |
2014 SLD 1462,
2014 SCMR 1843
|
| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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