Pakistan Case LawZAIN YAR KHAN Versus CHIEF ENGINEER, C.R.B.C., WAPDA, D.I. KHAN and anothers
The petitioner sought leave to appeal against the judgment of the Federal Service Tribunal, which dismissed his service appeal concerning a disciplinary matter. The core legal question raised was whether the appellate authority, under the relevant service rules, could remand a case for a fresh inquiry without specifying reasons or grounds for such remand. The Supreme Court of Pakistan granted leave to appeal to examine whether an order of remand passed by the appellate authority without specifying reasons falls within the proper scope of powers under the applicable rules. The Court held that an appellate authority must provide proper grounds and reasons when remanding a case for retrial, laying down the principle that discretionary powers of remand exercised by departmental authorities must be supported by articulated reasons rather than vague or unspecified technical grounds.
- Whether an appellate authority has the power to remand a case for a fresh inquiry under the Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978?
- Is an order of remand passed by an appellate authority valid when it fails to specify the technical grounds and reasons for the remand?
ORDER
SAIDUZZAMAN SIDDIQUI, J.---The petitioner is seeking leave to appeal against the judgment of Federal Service Tribunal, dated 23-10-1995 whereby his service appeal was dismissed.
In seeking leave to appeal, the learned counsel for the petitioner firstly contended that although under the relevant rules the appellate authority is entitled to enhance, reduce or modify the penalty imposed on the employee but it has no power to remand the case for a fresh inquiry by the competent Authority. It is also contended by the learned counsel that while remanding the case for fresh inquiry, the appellate authority did not mention any ground in support of the order of remand. In the impugned judgment of the Service Tribunal the order passed by the appellate authority has been reproduced which shows that the appeal of the petitioner was accepted and the case was remanded for retrial on some technical grounds but the technical grounds on which case was remanded and appeal was accepted, have neither been specified nor any other reason is given by the appellate authority.
We grant leave to appeal in the above case to consider the legal point whether the order passed by the appellate authority remanding the case without specifying the reasons therefor, was an order properly passed in the case within the scope of powers enjoyed by it under Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978? revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Judges on this bench
- Saiduzzaman Siddiqui789 judgments
- Mir Hazar Khan Khoso453 judgments
- Raja Afrasiab Khan1,254 judgments