| Case ID |
d69c4267-18c9-41f3-90bc-864b8d6db6f1 |
| Body |
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| Case Number |
Civil Petition No. 1562 of 2010 |
| Decision Date |
Nov 15, 2010 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, affirming the decision of the Federal Service Tribunal. The Tribunal had partially accepted the service appeal of Sikandar Ali Khawaja, converting his penalty of compulsory retirement into a reduction of time scale by two steps for three years without cumulative effect. The Court found that the Chief Engineer was competent to issue the show-cause notice but that no regular inquiry was held to substantiate the charges against the respondent. The judgment of the Service Tribunal was upheld as it was based on proper appreciation of the available material, and the petitioner failed to demonstrate any legal infirmity in the Tribunal's decision. |
| Summary |
In the case of Malik NAVEED AHMED vs. Mst. AASIA and others, the Supreme Court of Pakistan addressed issues surrounding the compulsory retirement of an employee under the Removal from Service (Special Powers) Ordinance, 2000. The employee, Sikandar Ali Khawaja, was initially removed from service due to allegations of illegal gratification amounting to Rs. 45,000. The Federal Service Tribunal partially accepted Khawaja's appeal, converting his punishment to a lesser penalty. The Supreme Court upheld this decision, highlighting the lack of a regular inquiry and the authority of the Chief Engineer in issuing the show-cause notice. The judgment emphasizes the need for a proper inquiry in such cases and the legal standards for determining the validity of penalties imposed on public servants. This case is significant for understanding the procedural requirements in service matters and the role of tribunals in adjudicating employment disputes. Keywords: Supreme Court, Service Tribunal, Compulsory Retirement, Illegal Gratification, Administrative Law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
WAPDA
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
MIAN SHAKIRULLAH JAN,
NASIR-UL-MULK
|
| Lawyers |
Abdur Rashid Awan
|
| Petitioners |
Malik NAVEED AHMED
|
| Respondents |
Mst. AASIA and others
|
| Citations |
2011 SLD 1338,
2011 SCMR 243
|
| Other Citations |
Not available
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance, 2000,
Service Tribunals Act, 1973,
Constitution of Pakistan
|
| Sections |
3,
S,
4,
Art. 212(3)
|