| Case ID |
dedfeee1-6b23-461a-9ee0-b846d261b17e |
| Body |
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| Case Number |
Appeal No.754(K) CE of 2000 |
| Decision Date |
Jul 05, 2003 |
| Hearing Date |
Jun 11, 2003 |
| Decision |
The appeal was dismissed due to the established unauthorized absence of the appellant from duty and non-compliance with lawful transfer orders. The Inquiry Officer's findings indicated that the appellant's actions constituted professional misconduct under the Service Tribunals Act. The court upheld the decision of compulsory retirement, noting that the appellant had not demonstrated the required discipline expected from a former military officer. The minor technicalities in the inquiry process did not prejudice the appellant's case, and the charges of misconduct were substantiated by evidence. The ruling emphasized the need for adherence to lawful orders in public service, especially for individuals with military backgrounds. |
| Summary |
This case revolves around the compulsory retirement of Major (Retd.) Sultan Sikandar Noon from the Karachi Port Trust (KPT) due to allegations of professional misconduct, specifically unauthorized absence from duty and failure to comply with transfer orders. The proceedings highlighted the importance of discipline in civil service, particularly for individuals with military backgrounds. The appellant's failure to report for duty as ordered resulted in disciplinary proceedings initiated by the KPT Board. Despite the appellant's claims of political influence and procedural defects in the inquiry, the Tribunal found that the inquiry met the necessary legal standards. The case underscores the legal principles governing public service conduct and the repercussions of failing to adhere to lawful orders. Key rulings referenced include precedents related to unauthorized absence and the importance of compliance with administrative directives. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
AKBAR M. MEMON,
NAZAR MUHAMMAD SHAIKH,
Major (Retd.) SULTAN SIKANDAR NOON
|
| Lawyers |
Ch. Rasheed Ahmed,
Malik Riaz
|
| Petitioners |
Major (Retd.) SULTAN SIKANDAR NOON
|
| Respondents |
another,
CHAIRMAN, KPT, KARACHI
|
| Citations |
2004 SLD 1662 = 2004 PLC 1066
|
| Other Citations |
Tajuddin v. Chairman, Pakistan Insurance Co and others 1993 PLC (C.S.) 1140,
Sikandar Ali v. Sindh Service Tribunal and others 1981 SCMR 263,
1996 SCMR 230,
1997 SCMR 1543,
1981 SCMR 81
|
| Laws Involved |
Service Tribunals Act
|
| Sections |
4
|