MUNIR AHMED Versus CHAIRMAN, PAKISTAN RAILWAYS BOARD
This is an appeal by leave of the Supreme Court of Pakistan against the majority judgment of the Federal Service Tribunal, Islamabad, which dismissed the appellant's appeal against the penalty of removal from service imposed under the Railway Service (Efficiency and Discipline) Rules, 1975. Leave to appeal was initially granted to consider whether the Chief Inspector of Production in Loco Shop Moghalpura was a civil servant or a workman. During the hearing, counsel for the respondents pointed out a precedent where cases were remanded to the Service Tribunal because the Chairman had recorded an opinion without granting a fresh hearing to the parties. Acknowledging that a similar procedural lapse occurred in the present case where the Chairman did not issue notice or hear the parties before recording his opinion, the Supreme Court set aside the impugned judgment and remanded the case back to the Service Tribunal for a fresh decision after hearing the parties.
- Whether a Chairman of the Service Tribunal can record an opinion without affording a hearing to the parties?
- What is the legal effect of an opinion recorded by the Chairman of the Service Tribunal without issuing notice to the affected parties?
- Whether the Supreme Court can remand a service matter to the Tribunal upon a procedural defect in the hearing?
- Railway Service (Efficiency and Discipline) Rules, 1975
AJMAL MIAN, CJ. ‑‑‑This is an appeal with the leave of this Court against majority judgment dated 22‑2‑1993 passed by the Federal Service Tribunal, Islamabad, in Appeal No. 285(L) of 1991 filed by the appellant against the imposition of penalty of his removal from service under the Railway Service (Efficiency and Discipline) Rules, 1975 dismissing the same by the above majority view. Leave to appeal was granted to consider whether Chief Inspector of Production in Loco Shop Moghalpura, was a civil servant or a workman.
2. Ch. Fazle Hussain, learned Advocate Supreme Court appearing for the respondents has candidly pointed out an order of this Court dated 31‑5 1995 in the case of Qazi Khalil‑ur‑Rehman v. Islamic Republic of Pakistan in Civil Petitions for Leave to Appeals Nos. 95/1, to 97/L of 1994. The above petitions were converted' into appeal and the cases were remanded to the Service Tribunal with the direction to decide the matters after fresh hearing of their counsel on the ground that the learned Chairman while recording his opinion in support of one of the two Members of the Original Bench of the Service Tribunal had not heard the petitioners. In the present case, it appears that the learned Chairman of the Tribunal did not issue any notice to the appellant nor to the respondent before recording his above opinion. In this view of the matter, the above judgment of this Court in all four is applicable to the case in hand as has fairly and candidly submitted by Ch. Fazle Hussain, learned Advocate Supreme Court for the respondents. The impugned judgment is set aside and the case is remanded. There shall be no order as to costs.
H.B.T./M‑246/S Order accordingly