2006 PLP (C (PLC(CS))
MUHAMMAD JAVED Versus PAKISTAN RAILWAYS through Chairman and others
| Citation | 2006 PLP (C (PLC(CS)) |
| Forum / Court | Federal Service Tribunal |
| Bench Members | Qazi Mohammad Hussain Siddiqui and Rashid Ali Mirza, Members |
| Parties | MUHAMMAD JAVED Versus PAKISTAN RAILWAYS through Chairman and 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 Mohammad 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)) (MUHAMMAD JAVED Versus PAKISTAN RAILWAYS through Chairman and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sanaullah Noor Ghauri for Petitioner.
- D.R. Mujahid Ali Hashmi L.A. for Respondents.
- Date of hearing: 25th March, 2006.
Headnotes / Summary
S. 3
Service Tribunals Act (LXX of 1973), S.4
Appellant was removed from service after issuing him show-cause notice along with statement of certain charges against him
Regular departmental inquiry was dispensed with in the show-cause notice and only on the basis of reply to the show-cause notice of appellant, he was removed from service vide impugned order and without any personal hearing
Serious allegations of fact levelled against appellant needed to be inquired into through a regular departmental inquiry, but competent ,Authority did not consider such fact and arbitrarily dispensed with the regular departmental inquiry
Appellant was also condemned unheard as no opportunity of personal hearing was provided to him which was absolutely necessary in the case of any adverse order passed against him
Allowing appeal, impugned order of removal from service passed against appellant, was set aside with direction to employers to hold de novo disciplinary proceedings against appellant on same charge providing him full opportunity of personal hearing, accordingly.
Judgment & Decree
Appeal No.498(K)(CS) of 2002, decided on 19th May, 2006. 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 issuing him show-cause notice along with statement of certain charges against him
Regular departmental inquiry was dispensed with in the show-cause notice and only on the basis of reply to the show-cause notice of appellant, he was removed from service vide impugned order and without any personal hearing
Serious allegations of fact levelled against appellant needed to be inquired into through a regular departmental inquiry, but competent ,Authority did not consider such fact and arbitrarily dispensed with the regular departmental inquiry
Appellant was also condemned unheard as no opportunity of personal hearing was provided to him which was absolutely necessary in the case of any adverse order passed against him
Allowing appeal, impugned order of removal from service passed against appellant, was set aside with direction to employers to hold de novo disciplinary proceedings against appellant on same charge providing him full opportunity of personal hearing, accordingly. Sanaullah Noor Ghauri for Petitioner. D.R. Mujahid Ali Hashmi L.A. for Respondents. Date of hearing: 25th March, 2006.