Malik TAJ MUHAMMAD SHAH MOHYUDDIN HASHMI vs SECRETARY, MINISTRY
This matter involves service appeals concerning departmental penalties imposed under the Removal from Service (Special Powers) Ordinance 2000. The core legal question before the Supreme Court was whether the Federal Service Tribunal correctly declined jurisdiction or dismissed appeals involving such penalties, given the evolving judicial interpretation regarding the Tribunal's authority to entertain challenges against actions taken under the aforementioned Ordinance. Upon review, the Court noted that both parties acknowledged that the Federal Service Tribunal had subsequently adopted a different, more permissive view regarding its jurisdiction to entertain service appeals involving penalties imposed under the Removal from Service (Special Powers) Ordinance 2000. Consequently, the Supreme Court allowed the appeals, set aside the impugned judgments of the Federal Service Tribunal, and remanded the matters back to the Tribunal. The Court directed that the original service appeals be deemed pending before the Tribunal for a fresh decision in accordance with the law. This judgment reinforces the principle that service tribunals must adjudicate appeals regarding departmental penalties in alignment with the prevailing legal interpretation of their statutory jurisdiction.
- Does the Federal Service Tribunal have the jurisdiction to entertain service appeals involving departmental penalties imposed under the Removal from Service (Special Powers) Ordinance 2000?
- Should a matter be remanded to the Federal Service Tribunal when the Tribunal has subsequently altered its stance on its own jurisdiction regarding specific service appeals?
- Removal from Service (Special Powers) Ordinance 2000
ORDER
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.