Pakistan Case Law
1994 SCMR 680

PAKISTAN RAILWAYS and others vs MUHAMMAD ANWAR BHATTI

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Citation1994 SCMR 680
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No. 40 of 1993 Appeal No. 158-R of 1992
Date1993-11-27
Judge(s)Fazal Ilahi Khan and Manzoor Hussain Sial
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal filed by Pakistan Railways and others against Muhammad Anwar Bhatti. The core legal question concerns the competency of the General Manager of Pakistan Railways to enhance a penalty previously imposed upon the respondent by an authorized officer, specifically whether such enhancement could be lawfully carried out without conducting a regular inquiry as mandated by the applicable service rules. Granting leave to appeal, the Court held that the matter requires detailed examination to determine the procedural prerequisites and statutory limitations governing the enhancement of penalties by higher authorities within the railway establishment.

Questions settled in this judgment
  • Whether the General Manager, Pakistan Railways is competent to enhance a penalty imposed upon an employee by the authorised officer without holding a regular inquiry under the applicable rules?
leave to appealservice lawenhancement of penaltydepartmental inquiryPakistan Railways

ORDER

1. MANZOOR HUSSAIN SIAL, J.---Leave to appeal is granted in this case, to consider inter alia, as to whether, the General Manager, Pakistan Railways was competent to enhance the penalty imposed upon the respondent, by the authorised officer, without holding regular inquiry under the provisions of the rules applicable in the matter.

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