Legal Case Summary

Case Details
Case ID 4380f0c9-05de-43c9-b2e4-1187ba5f1eca
Body View case body.
Case Number Civil Petition No. 676 of 1995
Decision Date Feb 27, 1996
Hearing Date Feb 27, 1996
Decision The Supreme Court of Pakistan upheld the decision of the Federal Service Tribunal, which had dismissed the petitioner's appeal against disciplinary proceedings under Rule 5 of the Government Servants (Efficiency and Discipline) Rules, 1973. The Court found no legal flaws in the Tribunal's judgment, emphasizing that the appeal was premature as the disciplinary proceedings were still ongoing. The petitioner, Muhammad Ali, was under scrutiny for certain allegations, and the question of his transfer abroad was deferred due to the pending proceedings. Consequently, the Court refused leave to appeal and dismissed the petition.
Summary This case revolves around the appeal filed by Muhammad Ali against the judgment of the Federal Service Tribunal, which dismissed his service appeal as premature. The Supreme Court of Pakistan, presided over by Chief Justice Sajjad Ali Shah and other judges, found that the allegations against the petitioner were still under consideration, and thus the appeal could not be maintained. The decision highlights the importance of finality in disciplinary proceedings for government servants and the legal framework established under the Government Servants (Efficiency and Discipline) Rules, 1973. The Court's ruling emphasizes the procedural requirements necessary before an appeal can be considered valid, ensuring that all disciplinary actions are concluded before seeking judicial review. Keywords related to government service law, efficiency and discipline, and judicial review are essential for understanding the implications of this case.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges SAJJAD ALI SHAH, CJ, SH. RIAZ AHMAD, MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
Lawyers Raja M. Bashir, Dy. Attorney General for Respondents
Petitioners MUHAMMAD ALI
Respondents another, SECRETARY, MINISTRY OF FOREIGN AFFAIRS, ISLAMABAD
Citations 1997 SLD 538, 1997 PLC 6
Other Citations Not available
Laws Involved Government Servants (Efficiency and Discipline) Rules, 1973, Constitution of Pakistan (1973)
Sections R.5, Art. 212(3)