| Case ID |
67cfdf5d-25c5-4576-8589-52a0c6b65cdd |
| Body |
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| Case Number |
D-1311 of 2009 |
| Decision Date |
Sep 22, 2010 |
| Hearing Date |
Aug 26, 2010 |
| Decision |
The court dismissed the petition challenging the order for a de novo inquiry against Muhammad Mustafa Kamal, an Income Tax Officer. The court found no legal infirmity in the decision of the competent authority to order a fresh inquiry due to the split opinion of the Inquiry Committee. The court emphasized that the definition of 'misconduct' under the Removal from Service (Special Powers) Ordinance, 2000 is inclusive, allowing for a broader interpretation of misconduct. The court upheld the principles of reasonableness and justice, allowing the authority to conduct a fresh inquiry in cases of defective inquiries, and reiterated the importance of providing an opportunity for the employee to defend himself. As a result, the petition was dismissed without merit. |
| Summary |
In the case of Muhammad Mustafa Kamal vs. Federation of Pakistan, the Sindh High Court addressed the issue of whether the competent authority could order a de novo inquiry based on the findings of the original Inquiry Committee. The court highlighted that the original committee's split opinion did not provide a definitive conclusion, thus justifying the need for a fresh inquiry. The ruling reinforced the interpretation of 'misconduct' as broadly defined under the Removal from Service (Special Powers) Ordinance, 2000. This interpretation allows for a comprehensive understanding of misconduct that includes any act contrary to the expected conduct of a government servant. The decision emphasizes the principles of justice and fairness in administrative proceedings, ensuring that employees have the opportunity to contest allegations against them. This case serves as a significant reference for future administrative law cases regarding the conduct and discipline of government employees, particularly in the context of inquiry procedures. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD ALI SHAH,
SHAHID ANWAR BAJWA
|
| Lawyers |
Khalid Jawaid Khan,
Akhtar Ali Mehmood
|
| Petitioners |
MUHAMMAD MUSTAFA KAMAL
|
| Respondents |
2 others,
FEDERATION OF PAKISTAN through Secretary Revenue Division/Chairman Federal Board of Revenue, Islamabad
|
| Citations |
2011 SLD 1580,
2011 PLC 162
|
| Other Citations |
1977 PLC 236,
PLD 1989 SC 128,
2007 SCMR 198,
PLD 1951 Lah. 425,
AIR 1958 Ker. 374,
1972 PLD 83,
2005 SCMR 1610,
PLD 2004 SC 55,
2001 PLC (C.S.) 623,
2004 PLC (C.S.) 52,
2009 SCMR 1279
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance, 2000,
Government Servants (Efficiency and Discipline) Rules, 1973
|
| Sections |
2(b),
3(1)(e),
5,
8,
2(4),
5(1)(iv)
|