Legal Case Summary

Case Details
Case ID f83045ac-291c-48eb-823a-297a91500db4
Body View case body.
Case Number Civil Appeal No. 328-L of 2009
Decision Date Nov 29, 2016
Hearing Date Nov 29, 2016
Decision The Supreme Court of Pakistan allowed the appeal of the appellant, Umar Ata Bandial, and set aside the major penalty of dismissal from service imposed on him. The case was remanded back to the department for conducting a regular inquiry into the allegations against the appellant, ensuring he is given a full opportunity for representation as per legal standards. The Court emphasized the necessity of a fair process, indicating that the appellant should not be punished without a proper inquiry and confrontation with the allegations made against him. The decision underscores the importance of due process in disciplinary actions within civil service, particularly when significant penalties are involved.
Summary This case involves the Supreme Court of Pakistan's ruling regarding the dismissal of an employee from the Water and Sanitation Agency (WASA) due to alleged inefficiency and misconduct. The appellant, Umar Ata Bandial, was penalized without a proper inquiry into his actions regarding misappropriation of scrap material. The Court found that the appellant was not given a fair chance to defend himself against the charges, as the initial fact-finding inquiry did not accuse him personally. The ruling emphasizes the need for a regular inquiry in cases where major penalties are imposed, ensuring that the legal standards of fairness and propriety are upheld in disciplinary proceedings. The decision reiterates the importance of due process in administrative actions and the necessity for transparency and accountability in civil service matters.
Court Supreme Court of Pakistan
Entities Involved Water and Sanitation Agency LDA
Judges UMAR ATA BANDIAL, MANZOOR AHMAD MALIK, MUHAMMAD NAEEM AKHTAR
Lawyers A.D. Naseem, Advocate Supreme Court, Ihsanul Haq Chaudhry, Senior Advocate Supreme Court, Syed Fayyaz Ahmed Sherazi, Advocate-on-Record
Petitioners
Respondents MANAGING DIRECTOR WATER AND SANITATION AGENCY LDA, LAHORE AND OTHERS
Citations 2017 SLD 467, 2017 SCMR 356
Other Citations Not available
Laws Involved Not available
Sections Not available