| Case ID |
4180314f-8452-425a-98f4-a8171458f826 |
| Body |
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| Case Number |
230(R) of 1992 |
| Decision Date |
Oct 31, 1992 |
| Hearing Date |
Oct 22, 1992 |
| Decision |
The Federal Service Tribunal ruled that the dismissal of Abdul Hafeez from service was justified based on documentary evidence proving misconduct. However, the Tribunal found the quantum of punishment to be excessive and modified the dismissal to compulsory retirement, considering the appellant's lengthy service record of 22 years. The Tribunal emphasized the importance of adhering to procedural rules and natural justice principles, noting that while the charges were substantiated, the lack of an inquiry and personal hearing for the appellant was a significant procedural flaw. |
| Summary |
In the case of Abdul Hafeez vs. The Master General of Ordnance, the Federal Service Tribunal addressed the dismissal of a civil servant based on allegations of misconduct. The Tribunal examined the evidence presented, including the charge-sheet and the appellant's responses. It was determined that the allegations of using insolent and derogatory language against superiors were substantiated. Despite this, the Tribunal found the punishment of dismissal to be harsh given the appellant's long and unblemished service record. The decision highlights key legal principles regarding government servants' rights, the importance of procedural fairness, and the balance between maintaining discipline and ensuring justice in administrative actions. The case underscores the necessity for proper inquiry procedures and the right to a fair hearing, aligning with current legal standards and best practices. The modification of the punishment from dismissal to compulsory retirement reflects a growing recognition of the need for proportionality in disciplinary actions within public service. The ruling serves as a precedent for similar cases, emphasizing the importance of just treatment of civil servants while upholding disciplinary standards. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
M. ILYAS LODHI,
RANA RIFAT SAEED
|
| Lawyers |
Muhammad Zaman Qureshi
|
| Petitioners |
ABDUL HAFEEZ
|
| Respondents |
2 others,
THE MASTER GENERAL OF ORDNANCE
|
| Citations |
1993 SLD 1479,
1993 PLC 742
|
| Other Citations |
Not available
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973,
Service Tribunals Act (LXX of 1973)
|
| Sections |
5,
6,
4
|