| Case ID |
ffdd7ae9-78e2-4a5d-b553-ef50f6500a48 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.252 of 1995 |
| Decision Date |
Nov 27, 1995 |
| Hearing Date |
Nov 27, 1995 |
| Decision |
The petition filed by the Commandant, 502, E.M.E. Central Workshop, Rawalpindi and others seeking leave to appeal against the judgment of the Federal Service Tribunal was dismissed. The Tribunal had modified the penalty of removal from service of the respondent, an L.D.C. in the 502 Central Workshop, E.M.E., Rawalpindi, to 'reduction to three lower stages in his time-scale for a period of three years without cumulative effect'. The Supreme Court found that the Tribunal provided good reasons for awarding a lesser punishment, noting the sudden nature of the quarrel between the respondent and the Head Clerk, their subsequent compromise, and the respondent's seven years of service. The Tribunal's decision was deemed just and fair, without legal infirmity or jurisdictional error. |
| Summary |
The case involved a dispute between the Commandant of the 502 E.M.E. Central Workshop, Rawalpindi, and an employee, Ayub Hussain, who was removed from service for misconduct. The Federal Service Tribunal modified the penalty, reducing it to a reduction in his time-scale without cumulative effect. The Tribunal's decision was based on the sudden nature of the incident, a subsequent compromise, and the respondent's prior service record. The Supreme Court upheld the Tribunal's decision, finding it fair and without error. The case highlights the appellate jurisdiction of the Federal Service Tribunal under the Government Servants (Efficiency and Discipline) Rules, 1973, and the Constitution of Pakistan. Keywords: Supreme Court of Pakistan, Federal Service Tribunal, Government Servants (Efficiency and Discipline) Rules, 1973, Constitution of Pakistan, misconduct, appellate jurisdiction. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Commandant, 502, E.M.E. Central Workshop, Rawalpindi
|
| Judges |
ZIA MAHMOOD MIRZA,
MUHAMMAD MUNIR KHAN,
MUHAMMAD BASHIR KHAN,
JEHANGIRI, JJ
|
| Lawyers |
Raja Muhammad Bashir, Deputy Advocate-General,
Manzoor Ilahi, Advocate-on-Record
|
| Petitioners |
MUHAMMAD BASHIR KHAN,
ZIA MAHMOOD MIRZA,
MUHAMMAD MUNIR KHAN,
JEHANGIRI, JJ
|
| Respondents |
No. M.E19862 LDC AYUB HUSSAIN
|
| Citations |
1997 SLD 851,
1997 SCMR 1471
|
| Other Citations |
Not available
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973,
Constitution of Pakistan (1973)
|
| Sections |
R. 4,
Art. 212(3)
|