| Case ID |
437237e7-13aa-4c1b-a98a-a02e83af6c93 |
| Body |
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| Case Number |
Civil Appeals Nos. 1066, 1067, 1068, 1069 and 1070 |
| Decision Date |
Nov 27, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeals as it found no merit in the claims brought forth by the appellants. The court ruled that the show-cause notices issued to the appellants did not constitute an 'order' under the Service Tribunals Act, thus making the appeals non-maintainable. The court clarified that the amendment in the Service Tribunals Act did not broaden the scope of appeal to allow for interim orders to be contested. The judges emphasized that the integrity of the inquiry process must be maintained and that allowing appeals against procedural orders would lead to endless litigation, countering the intent of the legislation. Therefore, the decision of the Federal Service Tribunal was upheld. |
| Summary |
This case revolves around five civil appeals filed against the Federal Service Tribunal's decision regarding disciplinary actions taken against employees of the Overseas Pakistanis Foundation. The core issue was whether the show-cause notices issued were appealable under the Service Tribunals Act. The Supreme Court of Pakistan concluded that the notices did not meet the criteria of an 'order' as outlined in the Act, thus dismissing the appeals. This case highlights important aspects of civil service regulations, the procedural integrity of inquiries, and the statutory rights of civil servants in Pakistan. It underscores the balance between maintaining order in administrative processes while safeguarding the rights of employees. Key keywords include 'Service Tribunals Act', 'Civil Servants Act', 'disciplinary action', and 'Supreme Court of Pakistan'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Overseas Pakistanis Foundation
|
| Judges |
AJMAL MIAN, C.J.,
MUNAWAR AHMED MINA,
SH. RIAZ AHMED, JJ
|
| Lawyers |
Bashir Ahmad Ansari, Advocate Supreme Court,
Imtiaz Muhammad Khan, Advocate-on-Record,
Hafiz S.A. Rehman, Senior Advocate Supreme Court,
M.S. Khattak, Advocate-on-Record
|
| Petitioners |
,
MUHAMMAD YAR BUTTAR
|
| Respondents |
another,
BOARD OF GOVERNORS, OVERSEAS PAKISTANIS FOUNDATION, ISLAMABAD
|
| Citations |
1999 SLD 328,
1999 SCMR 819
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Civil Servants Act (LXXI of 1973)
|
| Sections |
4,
3
|