| Case ID |
e0b40664-ab54-434c-953a-c8824b93b659 |
| Body |
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| Case Number |
Appeal No.1045 of 2006 |
| Decision Date |
Aug 07, 2007 |
| Hearing Date |
Aug 07, 2007 |
| Decision |
The Service Tribunal set aside the order of compulsory retirement imposed on the appellant, Muhammad Shafiq, due to procedural deficiencies in the disciplinary proceedings. The Tribunal found that no regular inquiry was conducted as required by law, and the appellant was not given a fair opportunity to defend himself. The Tribunal emphasized the need for a regular inquiry to address the allegations of inefficiency and irregularities in a transparent manner. The appellant was reinstated in service to face fresh proceedings under lawful procedures. |
| Summary |
In the case of Muhammad Shafiq vs. Secretary to the Government of the Punjab Agriculture Department, the Service Tribunal addressed allegations of inefficiency leading to the appellant's compulsory retirement. The Tribunal highlighted the procedural flaws in the disciplinary actions taken against Shafiq, emphasizing that proper inquiry and opportunity for defense were essential as per the Punjab Removal from Service Ordinance. The case underscores the importance of adhering to legal procedures in disciplinary matters to ensure justice and fair play. The Tribunal's decision to reinstate Shafiq reflects a commitment to lawful processes in public service and sets a precedent for handling similar cases in the future. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Arshad Bin Ahmad
|
| Lawyers |
Rana M.F. Rehman,
Mian Javed Ismail,
Muhammad Irfan Sulehri,
Mushtaq Ahmad
|
| Petitioners |
Muhammad Shafiq
|
| Respondents |
Secretary to the Government of the Punjab Agriculture Department, Lahore
|
| Citations |
2008 SLD 1227 = 2008 PLC 273
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Removal from Service (Special Powers) Ordinance,
Punjab Service Tribunals Act
|
| Sections |
3,
5,
10,
4
|