| Case ID |
44150f92-98d5-42fe-81ba-55c15e02a72f |
| Body |
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| Case Number |
Appeal No.1-P of 1998 |
| Decision Date |
May 13, 1998 |
| Hearing Date |
Apr 28, 1998 |
| Decision |
The Federal Service Tribunal, Islamabad, dismissed the appeal lodged by Asadullah against his removal from service. The tribunal upheld the decision of the competent authority, emphasizing the necessity of maintaining administrative discipline and adherence to service regulations. It was determined that the appellant's failure to comply with transfer orders and to hand over his duties constituted misconduct under the C.A.A. Service Regulations. The tribunal found no evidence of mala fide intent in the appellant's transfer and concluded that the removal was justified and appropriate under the circumstances presented. |
| Summary |
In the landmark case of ASADULLAH vs. THE CHAIRMAN, CIVIL AVIATION AUTHORITY KARACHI and others, adjudicated by the Federal Service Tribunal in Islamabad, the appellant challenged his transfer and subsequent removal from service. The appeal, cited as 1999 SLD 1026 and 1999 PLC 849, revolves around administrative discipline within the Civil Aviation Authority (CAA) and the enforcement of service regulations. Asadullah, appointed as Corporate Manager Accounts in 1987, was transferred from Peshawar to Karachi in 1995 following an altercation with the Chief Engineer over bill sanctions. He contested this transfer as being made in mala fide, arguing that it was unwarranted and led to administrative inconvenience.
The tribunal meticulously examined the adherence to the C.A.A. Service Regulations, specifically focusing on misconduct definitions under Regulation 7.02(d). The appellant's refusal to comply with transfer orders and his failure to hand over responsibilities post-suspension were key factors leading to his removal. Despite Asadullah's defense, which highlighted procedural inconsistencies and alleged high-handedness by the administration, the tribunal found the actions of the CAA to be lawful and justified.
Key legal principles underscored in the decision include the paramount duty of administration to maintain discipline, the discretionary power of administrative bodies in personnel matters, and the implications of misconduct in public service. The judges, GULBAZ KHAN and MUHAMMAD AYUB KHAN, emphasized that upholding administrative protocols is essential for the effective functioning of public institutions and safeguarding the interests of the nation.
This case underscores the challenges faced in public administration, especially concerning personnel management and disciplinary actions. It highlights the fine balance between individual rights and organizational integrity, showcasing the judiciary's role in interpreting and enforcing service regulations. The decision serves as a precedent for similar cases involving administrative discipline, reinforcing the necessity for public servants to adhere to established protocols and the consequences of deviating from them.
Keywords: Civil Aviation Authority, Federal Service Tribunal, Administrative Discipline, Service Regulations, Misconduct in Public Service, Administrative Law, Personnel Management, Tribunal Decision, Public Administration, Legal Precedent.
|
| Court |
Federal Service Tribunal
|
| Entities Involved |
Federal Service Tribunal Islamabad,
Civil Aviation Authority Karachi
|
| Judges |
GULBAZ KHAN, CHAIRMAN,
MUHAMMAD AYUB KHAN, MEMBER
|
| Lawyers |
Waqar Ahmed Seth for Appellant,
Raja Muhammad Asghar Khan,
Zubair Paracha, Law Officer for Respondent No. 1
|
| Petitioners |
ASADULLAH
|
| Respondents |
Respondent 2,
Respondent 3,
THE CHAIRMAN, CIVIL AVIATION AUTHORITY KARACHI
|
| Citations |
1999 SLD 1026,
1999 PLC 849
|
| Other Citations |
Not available
|
| Laws Involved |
C.A.A. Service Regulations
|
| Sections |
Not available
|