TAJ MUHAMMAD CHAUDHRY vs THE GENERAL MANAGER, PAKISTAN RAILWAYS
This matter concerns a petition for leave to appeal filed by a former Sub-Inspector of the Pakistan Railways against the decision of the Federal Service Tribunal, which had modified his dismissal from service to removal from service. The petitioner had been removed from his position following charges of disobeying a superior officer's order to attend a meeting and manipulating official records in the Roznamcha. The core legal question before the Supreme Court was whether the removal order was legally infirm or suffered from illegality warranting judicial interference. Upon review, the Court observed that while the department's underlying motivation for removal appeared to be frustration with the petitioner’s conduct rather than the specific charges, the removal order itself was legally sound and free from procedural illegality. Consequently, the Court held that no case for interference was made out. The Court dismissed the petition but clarified that because the petitioner was removed rather than dismissed, the department is obligated to grant him all service benefits to which he is entitled under the law.
- Does a removal from service, as opposed to a dismissal, entitle a public servant to service benefits?
- Can the Supreme Court interfere with a service tribunal's decision if the order of removal is legally sound despite the department's underlying motives?
- Is a service order legally infirm if the department's motivation for the action differs from the stated charges?
ORDER
1. NASIM HASAN SHAH, J.--The petitioner, who was serving as Sub-Inspector, Circle In charge 'B', Loco Shed, Lahore, was dismissed from service. The appeal filed by him before the Federal Service Tribunal failed except for converting the order of dismissal into one of removal from service. Hence, he has now approached this Court for leave to appeal.
2. The charges on which the petitioner has ultimately been removed from service were:--
(1) That he disobeyed the order of the S. R.P. , Lahore to attend a meeting convened by the latter on 10-2-1983.
(2) That the manoeuvred to make wrong/false entry in the Roznamcha of the Track Supply Depot, Raiwind and subsequently, removed the same from the Roznamcha.
3. These do not appear to be the real cause for his removal. To us it appears that as the petitioner had an exaggerated notion of his own honesty, uprightness and rectitude and was making a nuisance himself in the department, the department being fed up of this "odd ball" got rid him when it got a chance. However, as the order of his dismissal, which was reduced to removal by the Federal Service Tribunal, does not suffer from any illegality and is not infirm on the legal plane, no case for interference by this Court is made out.
4. The learned counsel for the petitioner has stated that the petitioner is being denied certain service benefits to which he is entitled. Since he has only been removed from service and not dismissed, the department should, in case this plea is correct, allow him all the service benefits to which he is entitled.
5. This petition, with these observations, is dismissed.
Cited by 1 case
- QAMAR SULTAN and 3 others vs THE STATE 1989 P Cr. L J 402