| Case ID |
dfda1e25-1fc8-4aaf-a9d7-093caa5e8efa |
| Body |
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| Case Number |
107(L) of 1985 |
| Decision Date |
Dec 03, 1991 |
| Hearing Date |
Dec 01, 1991 |
| Decision |
The case revolves around the civil service and the implications of adverse remarks made against a civil servant who had been removed from service. The removal order had attained finality up to the Supreme Court, and after his removal, the civil servant sought reinstatement through the National Industrial Relations Commission, which temporarily stayed the removal order. However, the court determined that since the removal order was final and irrevocable, the civil servant was not in regular service during the period he was reinstated based solely on the stay order. Consequently, any adverse remarks made during this time were deemed irrelevant. Furthermore, the appeal against the adverse remarks was filed after a significant delay of five months without a plausible reason for the delay, leading to the dismissal of the appeal as time-barred. |
| Summary |
This case highlights critical issues in civil service employment, particularly regarding the finality of removal orders and the relevance of performance evaluations during periods of reinstatement based on temporary stay orders. The ruling emphasizes the importance of timely appeals in administrative matters. It sheds light on the procedural integrity of civil service regulations and the legal ramifications of adverse remarks against civil servants. The case serves as a precedent in understanding the balance between administrative authority and the rights of civil servants, especially in the context of reinstatement and evaluation of service conduct. Keywords include civil service, adverse remarks, reinstatement, administrative law, and appeal process. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
S.M. ISHAQUE,
CH. HASAN NAWAZ
|
| Lawyers |
Ch. Ghulam Hasan Gulshan
|
| Petitioners |
AMANAT ULLAH KHAN
|
| Respondents |
WATER AND POWER DEVELOPMENT AUTHORITY
|
| Citations |
1992 SLD 947,
1992 PLC 743
|
| Other Citations |
Not available
|
| Laws Involved |
Not available
|
| Sections |
Not available
|