2006 PLP (C (PLC(CS))
KHALID FAHEEM, EX-ASSISTANT MANAGER, PAKISTAN STEEL, KARACHI Versus SECRETARY MINISTRY OF INDUSTRIES AND PRODUCTION GOVT. OF PAKISTAN and 2 others
| Citation | 2006 PLP (C (PLC(CS)) |
| Forum / Court | Federal Service Tribunal |
| Bench Members | Qazi Muhammad Hussain Siddiqui and Rashid Ali Mirza, Members |
| Parties | KHALID FAHEEM, EX-ASSISTANT MANAGER, PAKISTAN STEEL, KARACHI Versus SECRETARY MINISTRY OF INDUSTRIES AND PRODUCTION GOVT. OF PAKISTAN and 2 others |
| Primary Law | Removal from Service (Special Powers) Ordinance (XVII of 2000) |
Q1: What are the key laws and sections cited in 2006 PLP (C (PLC(CS))?
This judgment primarily cites: Removal from Service (Special Powers) Ordinance (XVII of 2000) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP (C (PLC(CS))?
The case was heard and decided by the Federal Service Tribunal bench comprising: Qazi Muhammad Hussain Siddiqui and Rashid Ali Mirza, Members.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP (C (PLC(CS)) (KHALID FAHEEM, EX-ASSISTANT MANAGER, PAKISTAN STEEL, KARACHI Versus SECRETARY MINISTRY OF INDUSTRIES AND PRODUCTION GOVT. OF PAKISTAN and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sanaullah Noor Ghouri for Appellant.
- Shoukat, Clerk of Raja Qasit Nawaz for Respondents.
- Date of hearing: 12th November, 2005.
Headnotes / Summary
S. 3
Service Tribunals Act (LXX of 1973), S.4
Appellant was removed from service after Charge-sheeting him and holding inquiry against him on charge of misconduct and misappropriation
Inquiry Committee, did not conduct inquiry as per procedure laid down in letter issued by the then Chairman and procedure for departmental inquiry was also not followed
Before awarding punishment of removal from services upon appellant, copy of inquiry report was not supplied to him which was against principle of natural justice
Appellant could not be held responsible for the acts of omission and commission of others
Inquiry was conducted against appellant in question-answer form which was not a legal inquiry
Witness who was Store Incharge, had stated in clear words that appellant had no concern with purchases and procurement of material or installation
In view of said clear-cut evidence available on record, appellant could not be held responsible and could not have been punished
Impugned order of removal from service, was set aside, with direction to authorities to hold a formal inquiry against appellant strictly in accordance with rules accordingly. 1984 PLC (C.S.) 560, 1985 PLC (C.S.) 518; 1987 PLC (CS) 741; .PLD 1981 SC 176; 1991 PLC (CS) 706; 1992 PLC (C.S.) 678; 2000 PLC (C.S.) 1252; 1999 PLC (C.S.) 592; 2001 PLC (C.S.) 296; 1999 SCMR 819 and 1993 SCMR 1440 ref.
Judgment & Decree
Appeal No.318(K)(CE) of 2002, decided on 15th November, 2005. Removal from Service (Special Powers) Ordinance (XVII of 2000)
S. 3
Service Tribunals Act (LXX of 1973), S.4
Appellant was removed from service after Charge-sheeting him and holding inquiry against him on charge of misconduct and misappropriation
Inquiry Committee, did not conduct inquiry as per procedure laid down in letter issued by the then Chairman and procedure for departmental inquiry was also not followed
Before awarding punishment of removal from services upon appellant, copy of inquiry report was not supplied to him which was against principle of natural justice
Appellant could not be held responsible for the acts of omission and commission of others
Inquiry was conducted against appellant in question-answer form which was not a legal inquiry
Witness who was Store Incharge, had stated in clear words that appellant had no concern with purchases and procurement of material or installation
In view of said clear-cut evidence available on record, appellant could not be held responsible and could not have been punished
Impugned order of removal from service, was set aside, with direction to authorities to hold a formal inquiry against appellant strictly in accordance with rules accordingly. 1984 PLC (C.S.) 560, 1985 PLC (C.S.) 518; 1987 PLC (CS) 741; .PLD 1981 SC 176; 1991 PLC (CS) 706; 1992 PLC (C.S.) 678; 2000 PLC (C.S.) 1252; 1999 PLC (C.S.) 592; 2001 PLC (C.S.) 296; 1999 SCMR 819 and 1993 SCMR 1440 ref. Sanaullah Noor Ghouri for Appellant. Shoukat, Clerk of Raja Qasit Nawaz for Respondents. Date of hearing: 12th November, 2005.