Pakistan Case Law
1991 SCMR 1904

MUHAMMAD ARIF KHAN, EX OVERSEER GRADE II vs DY. ENC. E IN C's BRANCH, G.H.Q., RAWALPINDI And Another

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Citation1991 SCMR 1904
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.499-R of 1989 Appeal No.19(R) of 1988
Date1989-10-23
Judge(s)Abdul Kadir Shaikh and S. Usman Ali Shan
Authored byAbdul Kadir Shaikh
ResultPetition dismissed
Summary

This petition for leave to appeal challenged a judgment of the Federal Service Tribunal regarding the reinstatement of a civil servant. The petitioner contested the Tribunal's decision to allow the authorities to resume disciplinary proceedings from the point of a procedural defect—specifically, the failure to issue a show-cause notice following a Court of Inquiry—and the denial of back benefits upon reinstatement. The Supreme Court addressed whether the Tribunal erred in permitting the authorities to rectify the procedural lapse and whether the petitioner was automatically entitled to back benefits. The Court held that because the petitioner's success before the Tribunal was based on technical grounds rather than the merits of the case, the authorities were legally entitled to resume disciplinary proceedings from the stage where the technical defect occurred. Regarding the claim for back benefits, the Court noted that the petitioner's entitlement was governed by the proviso to section 17 of the Civil Servants Act, 1973, and directed the petitioner to pursue this claim before the appropriate authority. The petition was dismissed.

Questions settled in this judgment
  • Can disciplinary proceedings against a civil servant be resumed from the stage of a procedural defect if the initial dismissal was set aside on technical grounds?
  • Is a civil servant automatically entitled to back benefits upon reinstatement when the dismissal is set aside on technical grounds?
Laws & provisions referred
  • Section 17, Civil Servants Act 1973
civil servicedisciplinary proceedingsback benefitsprocedural defectreinstatementshow-cause notice

ORDER

1. ABDUL KADIR SHAIKH, J.---The grievance of the petitioner urged in this petition for leave to appeal from the judgment of the Federal Service Tribunal is that after having held that petitioner's dismissal from service was illegal, the Service Tribunal should not have made the following observation: "It is, however, left open to the authorities concerned to proceed with the case from the stage where the defect occurred namely non-issue of show--cause notice to the appellant after the Court of Inquiry and re-decide the case. In case the concerned authorities decide to proceed with the disciplinary case again the enquiry proceedings should be completed within six months.--- Another grievance is that the Service Tribunal while directing re--instatement- of the petitioner has not granted back benefits.

2. We find no force in the first plea for the reason that petitioner's appeal before the Tribunal succeeded on technical grounds, and not on merits, and the authorities can in law proceed against the petitioner from the stage when technical defect occurred.

3. As regards the second plea, petitioner's claim is based on the proviso to section 17 of the Civil Servants Act, 1973, and it is open to the petitioner to seek relief from the appropriate authority in law.

4. For these reasons, this petition has no force and is dismissed.

Cited by 5 cases

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