2007 PLC (C (PLP)
RAFI-UD-DIN Versus MANAGING DIRECTOR, SUI NORTHERN GAS PIPELINES LIMITED, LAHORE and another
| Citation | 2007 PLC (C (PLP) |
| Forum / Court | Federal Service Tribunal |
| Bench Members | Muhammad Iqbal Khan and Moazzam Hayat, Members |
| Parties | RAFI-UD-DIN Versus MANAGING DIRECTOR, SUI NORTHERN GAS PIPELINES LIMITED, LAHORE and another |
| Primary Law | (b) Government Servants (Efficiency and Discipline) Rules, 1973, (a) Service Tribunals Act (LXX of 1973) |
Q1: What are the key laws and sections cited in 2007 PLC (C (PLP)?
This judgment primarily cites: (b) Government Servants (Efficiency and Discipline) Rules, 1973, (a) Service Tribunals Act (LXX of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLC (C (PLP)?
The case was heard and decided by the Federal Service Tribunal bench comprising: Muhammad Iqbal Khan and Moazzam Hayat, Members.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLC (C (PLP) (RAFI-UD-DIN Versus MANAGING DIRECTOR, SUI NORTHERN GAS PIPELINES LIMITED, LAHORE and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nazeer Ahmad Quraishee for Appellant.
- Date of hearing: 25th October, 2004.
Headnotes / Summary
S.4
Government Servants (Efficiency and Discipline) Rules, 1973, Rr.3 & 4
Appeal against dismissal from service
Appeal was filed after about three and half years of dismissal
Appellant had submitted that he could not file appeal in Service Tribunal as he filed constitutional petition in High Court against dismissal order
Being a civil servant, appellant was required to file an appeal in Service Tribunal
Wrong judicial forum having been selected by appellant, benefit of his own negligence could not be given to him
Even constitutional petition was filed by appellant after three years of his dismissal from service and present appeal was filed after three and half years of his dismissal from service
No indulgence could be shown to the appellant, his appeal was dismissed being time-barred.
Rr. 3 & 4(1)(b)(iv)
Service Tribunals Act (LXX of 1973), S.4
Appellant was dismissed from service after charge-sheeting him and holding inquiry against him on charge that he had appeared before Medical Board, but had not got Laboratory test
No explanation had been given by appellant as to why he did not undergo Laboratory test
Authorities not only had served appellant with a charge-sheet, but also with a final show-cause notice and also gave him an opportunity to explain his position
Entire procedure, as prescribed in Service Rules, having been followed in letter and spirit by department, no illegality was found in proceedings which resulted into appellant's dismissal from service
Appeal otherwise being time-barred, was dismissed, in circumstances.
Judgment & Decree
MOAZZAM HAYAT (MEMBER).
Appellant Rafi-ud-Din was a Driver in Sui Northern Gas Pipelines Limited. He was dismissed from service vide order dated 3-1-2001. The legality and validity of the dismissal order has been challenged by him in his present appeal.
2. We have heard the learned counsel for the appellant and have also perused the record.
3. As stated above, the impugned order was passed on 3-1-2001. The departmental appeal was filed on 31-1-2001. However, the present appeal was filed on 17-7-2004, after about 3-1/2 years. It is submitted by the learned counsel for the appellant that the appellant could not file appeal in this Tribunal as he had filed a writ petition in the High Court. Being a civil servant the appellant was required to file an appeal in this Tribunal. A wrong judicial forum was selected by him. The benefit of his own negligence cannot be given to him.
4. Even the writ petition was filed by the appellant in the year 2004. The appellant was thus, never vigilant in pursuing his grievance. His writ petition was filed after three years and the present appeal was filed after 3-1/2 years. No indulgence can be shown to him. His appeal is held to be time-barred.
5. A proper procedure had been adopted by the respondents in dispensing with the service of the appellant. He was charge-sheeted and thereafter an inquiry was held against him. The charge against him was that he had appeared before the Medical Board but had not appeared for laboratory test. No explanation has been given by the appellant as to why he did not undergo the laboratory test. The respondents had served him not only with a charge-sheet but also with a final show-cause notice giving him an opportunity to explain his position. The entire procedure, as prescribed in the service rules of respondents, was followed in letter and in spirit by the respondents. We, therefore, see no illegality in the proceedings which resulted into appellants' dismissal from service. Accordingly we find no merit in the appeal.
6. For the above reasons the appeal is dismissed in limine as time-barred and being without merit.