PLC(CS) 2011

2011 PLC (C (PLP)

Malik TAJ MUHAMMAD Versus SECRETARY, MINISTRY OF INTERIOR, GOVERNMENT OF PAKISTAN and another

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Civil Appeals Nos.1555, 1558, 1559, 1560, 1564, 1990, 2734 to 2736 of 2006, decided on 16th October, 2008.
Honorable Judges
Faqir Muhammad Khokhar, Muhammad Qaim Jan Khan and Zia Perwez, JJ
Case Reference Summary (AEO Optimized)
Citation 2011 PLC (C (PLP)
Forum / Court Supreme Court of Pakistan
Bench Members Faqir Muhammad Khokhar, Muhammad Qaim Jan Khan and Zia Perwez, JJ
Parties Malik TAJ MUHAMMAD Versus SECRETARY, MINISTRY OF INTERIOR, GOVERNMENT OF PAKISTAN and another
Primary Law Removal from Service (Special Powers) Ordinance (XVII of 2000)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2011 PLC (C (PLP)?

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 2011 PLC (C (PLP)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Faqir Muhammad Khokhar, Muhammad Qaim Jan Khan and Zia Perwez, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2011 PLC (C (PLP) (Malik TAJ MUHAMMAD Versus SECRETARY, MINISTRY OF INTERIOR, GOVERNMENT OF PAKISTAN and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Removal from Service (Special Powers) Ordinance (XVII of 2000)

Representation

  • M. Shoaib Shaheen, Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for Appellant (in Civil Appeal No.1555 of 2006).
  • Raja Muhammad Ibrahim Satti, Senior Advocate Supreme Court, Ms. Naheeda Mehoob Ellahi, D.A.-G. and Saqib Jamal, Manager Legal NADRA for Respondents (in Civil Appeal No.1555 of 2006).
  • Raja Muhammad Ibrahim Satti, Senior Advocate Supreme Court, and M.S. Khattak, Advocate-on-Record for Respondents (in Civil Appeal No.1558 of 2006).
  • Raja Muhammad Ibrahim Satti, Senior Advocate Supreme Court, and M.S. Khattak, Advocate-on-Record for Respondents (in Civil Appeal No.1559 of 2006).
  • Raja Abdul Ghafoor, Advocate-on-Record for Respondents (in Civil Appeal No.1560 of 2006).
  • M. Shoaib Shaheen, Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for Appellant (in Civil Appeal No.1564 of 2006).
  • Saqib Jamal, Manager Legal NADRA for Respondent No.2 (in Civil Appeal No.1564 of 2006).
  • Ms. Naheeda Mehboob Elahi, D.A.-G. for Respondent (in Civil Appeal No.1990 of 2006).
  • Mian Mehmood Hussain, Advocate Supreme Court for Appellants (in Civil Appeals Nos.2734 to 2736 of 2006).
  • Nemo for Respondents Nos. 1 and 2(in Civil Appeals Nos.2734 to 2736 of 2006).
  • Syed Murtaza Ali Zaidi, Advocate Supreme Court for Respondent No.3 (in Civil Appeals Nos.2734 to 2736 of 2006).

Headnotes / Summary

Ss. 3 & 10

Constitution of Pakistan, Art.212(3)

Dismissal of appeal by Service Tribunal

Plea of appellant that Service Tribunal, after deciding his appeal, had taken a different view by entertaining appeals against departmental penalties

Validity

Supreme Court remanded case to Service Tribunal for its decision afresh in accordance with law. Appellant in person (in Civil Appeal No.1558 of 2006). Appellant in person (in Civil Appeal No.1559 of 2006). Appellant in person (in Civil Appeal No.1560 of 2006). Appellant in person (in Civil Appeal No.1990 of 2006).

Judgment & Decree

FAQIR MUHAMMAD KHOKHAR, J.

Both the sides have admitted that after passing the impugned judgments, the Federal Service Tribunal, Islamabad had taken a somewhat different view by entertaining the service appeals, involving the departmental penalties imposed under the provisions of Removal from Service (Special Powers) Ordinance XVII of 2000.

2. In this view of the matter, these appeals are allowed. Impugned judgments passed by the Federal Service Tribunal, Islamabad are set aside. Consequently, the appeals before the Service Tribunal, in these cases shall be deemed to be pending for a decision afresh, in accordance with law. No order as to costs. S.A.K./T-1/SC Case remanded.