Latest Judgments

Newly reported judgments from the Supreme Court of Pakistan, the High Courts and tribunals, added as they are processed — free, full text, updated daily. Judgments marked NEW were added in the most recent update. 37,514 judgments in total from the Supreme Court of Pakistan.

• Chief Manager, State Bank of Pakistan, Lahore Versus Muhammad Shafi2010 PLC(CS) 1088 · Supreme Court of Pakistan · 2009-10-06
  service tribunal jurisdictionstatutory rulesState Bank of Pakistan Staff Regulationsabatement of proceedingscivil servantresignation
  Summary & questions settled

  This petition for leave to appeal arose from a judgment of the Federal Service Tribunal which had accepted an employee's appeal regarding the withdrawal of his resignation from the State Bank of Pakistan. The core legal question concerned whether the Federal Service Tribunal had jurisdiction over employees of the State Bank of Pakistan whose service regulations are non-statutory, in light of the rule laid down in the Muhammad Mobeen-us-Salam case. The Supreme Court held that the State Bank of Pakistan Staff Regulations, 1999 are internal instructions or domestic rules having no statutory status, and consequently, employees governed by them do not fall within the definition of civil servants under the relevant statutes. Applying the principles settled in Muhammad Mobeen-us-Salam and Muhammad Idrees cases, the Court held that pending proceedings and the judgment of the Service Tribunal stand abated, leaving the respondent to pursue alternative remedies before the competent forum within a stipulated period of ninety days.

  Questions settled

  • Whether the State Bank of Pakistan Staff Regulations, 1999 have the status of statutory regulations?
  • Does the Federal Service Tribunal have jurisdiction over employees whose terms and conditions of service are not governed by statutory rules?
  • What is the effect of the judgment in Muhammad Mobeen-us-Salam's case on pending proceedings before the Supreme Court and the Federal Service Tribunal involving non-statutory employees?
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• Inspector-General (Prisons) N.-W.F.P., Peshawar Versus Syed Jaffar Shah2009 PLC(CS) 47 · Supreme Court of Pakistan · 2005-11-21
  service tribunalquantum of punishmentgross negligenceprison escapedisciplinary proceedingsremoval from servicediscretionary power
  Summary & questions settled

  This judgment arises from connected appeals and petitions challenging the N.-W.F.P. Service Tribunal's decision to modify the major penalties of dismissal imposed on prison officials for gross negligence facilitating the escape of condemned and under-trial prisoners from District Jail Abbottabad. The core legal question concerns the scope and proper exercise of the Service Tribunal's discretionary powers under section 7 of the N.-W.F.P. Service Tribunals Act, 1974 to interfere with the quantum of punishment awarded by the competent authority. The Supreme Court held that while the Tribunal possesses the discretion to modify punishments, such discretion must be exercised judiciously and not arbitrarily, especially in sensitive departments like prisons where gross negligence or laxity endangers public safety. The Court concluded that the Tribunal erred in granting undue leniency and altering the dismissal to lesser penalties or reinstatement. Consequently, the Supreme Court partly allowed the government's appeals and modified the penalties for all respondents to compulsory retirement, while dismissing the respondents' petitions.

  Questions settled

  • Whether the Service Tribunal is justified in interfering with the quantum of punishment awarded by a competent authority without showing that the penalty was unduly harsh?
  • Does the improper exercise of discretionary jurisdiction by the Service Tribunal under section 7 of the N.-W.F.P. Service Tribunals Act, 1974 raise a substantial question of law?
  • Whether jail officials guilty of gross negligence resulting in the escape of dangerous prisoners deserve leniency in the matter of disciplinary punishment?
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• Syed Asdus Samad Pirzada Versus Government of Punjab through Secretary Finance, Finance Department, Lahore2008 PLC(CS) 264 · Supreme Court of Pakistan · 2007-06-26
  pay protectionautonomous bodyPakistan Broadcasting Corporationcivil servantservice tribunalFundamental Rules
  Summary & questions settled

  This appeal by leave arises from the judgment of the Punjab Service Tribunal dismissing the appellant's request for pay fixation in BPS-18 with effect from 4-9-1984, with protection of his previous pay drawn while serving in the Pakistan Broadcasting Corporation. The core legal question is whether an employee moving from a government-controlled autonomous corporation to government service through proper channel is entitled to protection and fixation of previous pay based on equity, past precedents, and Fundamental Rules. The Supreme Court allowed the appeal and set aside the impugned judgment, holding that on principles of justice, equity, fair play, and established precedents regarding autonomous bodies and government-controlled corporations, the appellant is entitled to protection of the pay last drawn in the Pakistan Broadcasting Corporation upon entering government service. The key principle laid down is that past service and pay protection principles applicable to movements between government service and autonomous corporations apply reciprocally when such corporation employees join civil service through proper channels.

  Questions settled

  • Whether an employee moving from the Pakistan Broadcasting Corporation to government service through proper channel is entitled to protection of previous pay?
  • Can the principles governing pay protection for civil servants inducted into autonomous bodies be applied reciprocally to autonomous body employees joining civil service?
  • Are employees of the Pakistan Broadcasting Corporation entitled to the benefit of past service and pay fixation upon joining government service?
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• Water and Power Development Authority Versus Allah Dad Mashori Mazhar Ali B. Chohan , Manzoor Ali Khan, Advocate Supreme Court and Miss Wajahat Niaz2008 PLC(CS) 260 · Supreme Court of Pakistan · 2003-10-22
  service tribunalreinstatementimplementation of judgmentadjournmentemployment termination
  Summary & questions settled

  This matter arises from petitions for leave to appeal filed by the Water and Power Development Authority (WAPDA) against respondents whose employment termination was struck down by the Federal Service Tribunal vide judgment dated 10-9-2002. The core question before the court was whether the petitioner should be granted an adjournment without implementing the reinstatement orders passed by the Tribunal in favor of the respondents. The Supreme Court held that the authorities of the petitioner-WAPDA must first implement the judgment of the Tribunal in its true spirit before the petitions can be further heard, noting that no irreparable loss is likely to be caused to the management by reinstating such employees. The court adjourned the hearing with a direction to ensure compliance within two weeks under intimation to the Registrar of the Court.

  Questions settled

  • Whether an employer can seek a hearing of petitions against a reinstatement order without first implementing the judgment of the Service Tribunal?
  • Does the reinstatement of employees pending adjudication cause irreparable loss to the management?
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• Mumtaz Ali Narai Versus Chief Secretary, Government of Sindh, Karachi2008 PLC(CS) 255 · Supreme Court of Pakistan · 2007-03-07
  service lawseniorityrecruitment quotaad hoc appointmentcivil servantpromotionvested right
  Summary & questions settled

  This matter concerns petitions for leave to appeal against a judgment of the Sindh Service Tribunal, which dismissed the petitioners' appeals regarding their seniority position in the cadre of Assistant Executive Engineers (BPS-17). The core legal question was whether civil servants promoted to positions in excess of the prescribed recruitment quota/ratio are entitled to regular seniority, or if such appointments must be treated as ad hoc until a vacancy within the prescribed quota occurs. The Supreme Court held that appointments made in violation of the prescribed recruitment ratio are ad hoc in nature, regardless of subsequent notifications attempting to regularize them retrospectively. The Court affirmed that departmental candidates are only eligible for promotion against the quota reserved for them under the rules. Furthermore, the Court reiterated that seniority is not a vested right, and the government possesses the authority to correct seniority lists to align with recruitment rules and the law. Consequently, the Court dismissed the petitions, finding no error in the Tribunal's judgment or the government's decision to re-cast the seniority list.

  Questions settled

  • Are appointments made in excess of the prescribed recruitment quota considered regular or ad hoc?
  • Does a civil servant have a vested right in a specific seniority position?
  • Is the government competent to re-cast a seniority list to correct violations of recruitment rules and quotas?
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• Executive Engineer, Qadirabad Barrage Division, Qadirabad Versus Ejaz Ahmad2008 PLC(CS) 246 · Supreme Court of Pakistan · 2007-05-30
  disciplinary proceedingsservice lawshow-cause noticenatural justiceprocedural irregularityreinstatementmisconduct
  Summary & questions settled

  This appeal was filed by the Executive Engineer, Qadirabad Barrage Division, challenging the judgment of the Punjab Service Tribunal, which had reinstated the respondent, Ejaz Ahmad, following his dismissal from service due to alleged inefficiency and misconduct. The core legal question was whether the disciplinary proceedings conducted by the Department were legally valid despite procedural irregularities, specifically the failure to issue a show-cause notice and provide a fair opportunity for a hearing. The Supreme Court of Pakistan dismissed the appeal, holding that the disciplinary proceedings were vitiated by glaring illegalities. The Court emphasized that the failure to issue a show-cause notice as mandated by the governing statute and the denial of a fair opportunity to defend oneself constituted a flagrant violation of both the statutory provisions and the principles of natural justice. The Court affirmed that mandatory procedural requirements cannot be bypassed, even when serious charges are alleged against a government employee, and upheld the Tribunal's decision allowing the Department to initiate fresh proceedings strictly in accordance with the law.

  Questions settled

  • Does the failure to issue a show-cause notice under the Punjab Removal from Service (Special Powers) Ordinance 2000 vitiate disciplinary proceedings?
  • Can procedural lapses in disciplinary proceedings be excused on the grounds that the charges against a government employee are serious?
  • Is the right to a fair opportunity of hearing a mandatory requirement in disciplinary proceedings against a government servant?
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• Chairman, Pakistan Railways Versus Arif Hussain2008 PLC(CS) 240 · Supreme Court of Pakistan · 2006-08-22
  regularization of servicePakistan Railwaystemporary labourpermanent postsFederal Service Tribunalcivil servant status
  Summary & questions settled

  This matter concerns petitions filed by the Chairman, Pakistan Railways, challenging a judgment of the Federal Service Tribunal which directed the regularization of the respondents' services. The respondents, appointed as temporary laborers in the Electric Traction Department of Pakistan Railways between 1983 and 1999, had continuously performed duties against permanent posts. The core legal question was whether these employees were entitled to regularization and whether they fell within the definition of civil servants entitled to approach the Federal Service Tribunal. The Supreme Court held that the employees of the railway department are governed by their own statutory rules, distinguishing their status from other categories of employees. The Court affirmed the Tribunal's decision, noting that the respondents had rendered continuous service against permanent posts and were entitled to regularization under the department's established policy. Consequently, the Court found the Tribunal's judgment unexceptionable, dismissed the petitions, and refused leave to appeal, reinforcing the principle that long-term employees serving against permanent posts in the railway department are entitled to regularization in accordance with departmental policy.

  Questions settled

  • Are employees of the Pakistan Railways department governed by their own statutory rules regarding service status?
  • Does the continuous performance of duties against permanent posts entitle temporary railway laborers to regularization?
  • Can railway employees who have served for a considerable period approach the Federal Service Tribunal for regularization?
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• Rab Nawaz Hingoro Versus Government of Sindh2008 PLC(CS) 229 · Supreme Court of Pakistan · 2007-08-07
  service tribunalgross misconductdepartmental proceedingscriminal acquittalghost employeesremoval from serviceconcurrent findings
  Summary & questions settled

  The petitioner challenged the judgment of the Sindh Service Tribunal which dismissed his appeal against his removal from service on charges of gross misconduct, illegal appointments of ghost employees, and financial irregularities while serving as Assistant Commissioner, Mines Labour Welfare Organization. The core legal questions involved whether the departmental enquiry suffered from procedural lapses regarding cross-examination, whether acquittal in a criminal case nullifies departmental proceedings, and whether concurrent findings of fact by the departmental authorities and the Tribunal are open to interference. The Supreme Court held that the concurrent findings of fact regarding the petitioner's misconduct were supported by concrete material and could not be disturbed on technical grounds, and reiterated that criminal prosecution and departmental proceedings are independent of each other. The key principles laid down are that departmental proceedings and criminal trials operate in separate spheres for enforcing service discipline versus criminal liability, and acquittal in a criminal case does not invalidate disciplinary proceedings.

  Questions settled

  • Whether acquittal in a criminal case has any bearing on the validity of departmental disciplinary proceedings?
  • Can concurrent findings of fact by departmental authorities and the service tribunal be interfered with on technical grounds?
  • Whether departmental proceedings and criminal prosecution can proceed side by side?
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• Miss Rashida Khatoon, Deputy Manager, Pak Steel, Karachi Versus Secretary M/O Industries and Production2008 PLC(CS) 208 · Supreme Court of Pakistan · 2005-09-30
  misconductservice disciplinedisciplinary proceedingsright of representationunbecoming conductservice tribunaldepartmental inquiry
  Summary & questions settled

  This petition under Article 212(3) of the Constitution of Pakistan 1973 challenged a Federal Service Tribunal judgment that had partially upheld disciplinary action against the petitioner, a Deputy Manager at Pakistan Steel. The petitioner was dismissed from service, later reduced in rank by the Tribunal, for writing a letter to the Chairman of Pakistan Steel regarding grievances, which the department labeled as misconduct for being 'unbecoming of a good officer.' The core legal question was whether a subordinate's direct representation to a superior authority, expressing grievances, constitutes 'misconduct' under the Removal from Service (Special Powers) Ordinance, 2000. The Supreme Court held that the petitioner's letter did not contain objectionable, insulting, or derogatory language, and that merely seeking redress from a senior authority does not constitute misconduct. The Court concluded that the disciplinary action appeared to be motivated by personal annoyance rather than genuine service discipline. Consequently, the Court set aside the penalty of reduction in rank, establishing the principle that a subordinate's direct representation to higher authorities regarding personal grievances is not, ipso facto, misconduct.

  Questions settled

  • Does a subordinate's direct representation to a superior authority regarding personal grievances constitute misconduct?
  • What is the scope of 'misconduct' as defined under Section 2(b) of the Removal from Service (Special Powers) Ordinance, 2000?
  • Can disciplinary action be initiated against a civil servant for writing a letter to a superior authority if the language used is not derogatory or insulting?
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• Government of Punjab through Secretary, Health Department, Lahore Versus Dr. Saadia Ashraf Bhatti2008 PLC(CS) 201 · Supreme Court of Pakistan · 2005-11-14
  civil servicedisciplinary proceedingsservice tribunalwilful absencepenalty modificationreinstatement
  Summary & questions settled

  This matter originated from a petition filed by the Government of Punjab challenging a Punjab Service Tribunal decision that modified a civil servant's dismissal penalty. The respondent, a civil servant, was dismissed from service following a period of prolonged absence from duty. The Service Tribunal, upon review, found that the respondent's absence was not wilful, noting that she had applied for leave which the department failed to process. Consequently, the Tribunal converted the dismissal into a penalty of stoppage of two increments and ordered reinstatement. The core legal question before the Supreme Court was whether the Tribunal's interference with the departmental penalty was justified given the factual findings regarding the nature of the absence. The Supreme Court upheld the Tribunal's decision, affirming that the finding of fact regarding the absence was supported by the record. The Court held that the modified penalty was just, fair, and proper in the circumstances. The principle laid down is that a Service Tribunal possesses the competence to review and modify disciplinary penalties imposed by departments when the underlying factual findings, such as the wilfulness of absence, are not supported by the record.

  Questions settled

  • Does a Service Tribunal have the authority to modify a penalty of dismissal imposed on a civil servant?
  • Can a Service Tribunal interfere with a departmental finding of wilful absence if the record suggests otherwise?
  • Is the conversion of a dismissal penalty to a stoppage of increments a valid exercise of power by a Service Tribunal?
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• Dr. Shamim Waheed Versus Province of Punjab through Secretary, Health Department, Lahore2008 PLC(CS) 192 · Supreme Court of Pakistan · 2005-10-18
  superannuationdate of birth correctioncivil servantsalary and emolumentsinterim injunctionservice lawdiscretionary jurisdiction
  Summary & questions settled

  This matter concerns a petition for leave to appeal filed by a civil servant seeking salary and emoluments for the period between her official date of superannuation and the date she ceased service. The petitioner, having unsuccessfully sought to correct her date of birth in official records near the end of her career, continued to serve beyond her superannuation date under an interim injunction granted by the High Court, which was subsequently vacated upon the dismissal of her writ petition. The core legal question was whether a civil servant is entitled to salary and emoluments for a period of service rendered after the date of superannuation, performed under the cover of an interim court order that was later vacated. The Supreme Court held that the petitioner was not entitled to such emoluments, reasoning that she served at her own risk after reaching the age of superannuation. The Court affirmed the principle that civil servants should not seek to alter birth dates near retirement and that discretionary jurisdiction will not be exercised to grant undue advantages obtained through the court process.

  Questions settled

  • Is a civil servant entitled to salary and emoluments for the period of service rendered after the date of superannuation under an interim court order that is subsequently vacated?
  • Does a civil servant serve at their own risk when continuing in service after the age of superannuation under an interim injunction that is later dismissed?
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• Tahir Lateef Sheikh Versus Government of Pakistan through Secretary, Establishment Division2008 PLC(CS) 188 · Supreme Court of Pakistan · 2005-10-10
  plea bargaindouble jeopardydisciplinary proceedingsdismissal from serviceservice lawcorruption chargesdiscrimination
  Summary & questions settled

  The petitioner, a BS-20 officer in the Income Tax Group, challenged his dismissal from service following disciplinary proceedings under the Removal from Service (Special Powers) Ordinance, 2000. The petitioner had previously entered into a plea bargain with the National Accountability Bureau regarding corruption charges, leading to a financial settlement. He argued before the Supreme Court that his subsequent dismissal constituted double jeopardy under Article 13 of the Constitution of Pakistan 1973 and alleged discrimination under Article 25, citing that contemporaries received lesser penalties. The Supreme Court dismissed the petition, holding that criminal proceedings under the National Accountability Bureau Ordinance, 1999, are independent of departmental disciplinary proceedings, thereby rejecting the double jeopardy claim. Furthermore, the Court declined to interfere with the penalty imposed, finding no merit in the discrimination argument. The judgment reaffirms that a plea bargain in criminal proceedings does not preclude an employer from initiating separate disciplinary action for the same misconduct.

  Questions settled

  • Does a plea bargain under the National Accountability Bureau Ordinance, 1999, bar subsequent disciplinary proceedings for the same misconduct?
  • Are criminal proceedings independent of disciplinary proceedings in service matters?
  • Does the imposition of a major penalty of dismissal from service following a plea bargain constitute double jeopardy under the Constitution of Pakistan 1973?
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• Haji Allah Noor Malik Versus Chief Secretary, Punjab2008 PLC(CS) 183 · Supreme Court of Pakistan · 2005-07-18
  disciplinary proceedingsservice tribunalcross-examinationinquiry officerleave to appealburden of prooffindings of fact
  Summary & questions settled

  This petition for leave to appeal challenged a judgment of the Punjab Service Tribunal, which had upheld disciplinary action taken against the petitioner. The core legal questions were whether the department failed to substantiate the charges against the petitioner and whether the petitioner was denied a fair opportunity to cross-examine witnesses during the departmental inquiry. Upon review, the Supreme Court found that the petitioner's defense regarding the scrap material was unsubstantiated by any documentary evidence. Furthermore, the Court observed that the petitioner had been granted two opportunities to cross-examine the departmental witnesses but failed to appear, leaving the Inquiry Officer with no option but to proceed. The Court held that the findings of fact regarding the petitioner's responsibility for the removal of government property were supported by evidence and had been accepted by both the competent departmental authority and the Service Tribunal. Consequently, the Court found no grounds for interference in the exercise of its jurisdiction under Article 212(3) of the Constitution. The petition was dismissed, reaffirming that factual findings in disciplinary proceedings, when properly supported, are not subject to interference.

  Questions settled

  • Can a petitioner claim denial of cross-examination if they failed to avail themselves of provided opportunities?
  • Does the Supreme Court interfere with findings of fact recorded by a Service Tribunal in disciplinary matters?
  • Is a departmental finding of guilt sustainable when the accused fails to produce evidence to support their defense?
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• Syed Jamshed Hussain, Ex-Assistant, Office of Director Public Relations, Bahawalpur Division Bahawalpur Versus Chief Minister Punjab, Lahore2008 PLC(CS) 161 · Supreme Court of Pakistan · 2005-10-26
  service tribunaldisciplinary proceedingsembezzlementcivil servantdismissal from servicerecovery of lossreduction in rank
  Summary & questions settled

  This matter arises from civil petitions directed against a judgment of the Punjab Service Tribunal regarding disciplinary proceedings against employees of the Directorate of Public Relations, Bahawalpur, who were found responsible for serious financial irregularities and embezzlement of advertisement charges during audit. Following an inquiry under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, the petitioner Syed Jamshed Hussain was dismissed from service with an order of recovery, while co-employees faced reduction in rank and recovery. The Punjab Service Tribunal decided their appeals jointly. The core legal questions involved the legality of the penalties and the overlapping recovery of embezzled amounts from multiple co-accused. The Supreme Court dismissed the petitions, holding that no substantial question of law of public importance was involved to warrant interference with the Service Tribunal's appellate jurisdiction to modify sentences. The Court clarified that the petitioner should be given the benefit of any amounts already recovered from other guilty co-accused.

  Questions settled

  • Whether the Supreme Court will interfere with a service tribunal's order modifying a departmental penalty in the absence of a substantial question of law of public importance?
  • Should a civil servant dismissed for embezzlement be given the benefit of amounts recovered from co-accused persons for the same loss?
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• Khurshid Ahmed Versus Government of Punjab through Chief Secretary, Lahore2008 PLC(CS) 150 · Supreme Court of Pakistan · 2005-10-17
  pro forma promotiondeputationcivil servantservice lawAnnual Confidential Reportpromotion policyfitness and suitability
  Summary & questions settled

  This petition for leave to appeal arose from a service matter concerning the denial of pro forma promotion to a civil servant who had been on deputation abroad. The petitioner, an Assistant Professor, sought promotion effective from 1990, the date his junior was promoted, arguing that his deputation should not have hindered his career progression. The core legal question was whether a civil servant on foreign deputation is entitled to pro forma promotion as a matter of right, particularly when a government policy requires the earning of an Annual Confidential Report (ACR) for one full year upon return to Pakistan before being considered for promotion. The Supreme Court dismissed the petition, holding that promotion is not a vested right and that the requirement for a one-year ACR post-repatriation is a reasonable condition to assess fitness and suitability. The Court affirmed that a civil servant who voluntarily extends their deputation for personal interest cannot claim grievance for non-promotion during their absence, as the Selection Board requires current performance data to determine suitability.

  Questions settled

  • Is pro forma promotion a vested right of a civil servant under the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974?
  • Can a civil servant on foreign deputation claim promotion as a matter of right while serving abroad?
  • Is the requirement for a deputationist to earn an Annual Confidential Report for one full year upon return to Pakistan a valid condition for promotion consideration?
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• House Building Finance Corporation Versus Syed Muhammad Ali Gohar Zaidi2007 PLC(CS) 870 · Supreme Court of Pakistan · 2004-05-06
  limitationcondonation of delaySection 2-A Service Tribunals Actreinstatementback benefitsmaster and servantSection 14 Limitation Actwritten reasons
  Summary & questions settled

  This civil judgment arises from cross-appeals against a Federal Service Tribunal decision concerning the termination of an employee of the House Building Finance Corporation. The main legal issue pertained to whether the employee's appeal before the Service Tribunal was barred by limitation following the insertion of Section 2-A into the Service Tribunals Act 1973, and whether the principles of Section 14 of the Limitation Act 1908 applied to condone the delay spent litigating in civil courts. The Supreme Court affirmed the Tribunal's decision on the merits, holding that the Tribunal properly exercised its discretion in condoning the delay under Section 5 of the Limitation Act 1908, as the legal landscape surrounding Section 2-A was initially uncertain. The Court held that broad principles of Section 14 of the Limitation Act 1908 can be invoked to condone delay for sufficient cause under Section 5 of the Limitation Act 1908 in service appeals. However, regarding the denial of back benefits, the Supreme Court remanded the matter back to the Tribunal, holding that Section 24-A of the General Clauses Act 1897 obligates tribunals to record reasons for withholding such benefits.

  Questions settled

  • Can the broad principles of Section 14 of the Limitation Act 1908 be applied under Section 5 of the Limitation Act 1908 to condone delay in service appeal proceedings?
  • Does Section 24-A of the General Clauses Act 1897 require a Service Tribunal to give reasons when withholding back benefits upon reinstating an employee?
  • Does the Supreme Court interfere with a Service Tribunal's discretionary condonation of delay when the legal remedy was previously uncertain?
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• Muhammad Yousaf Butt Versus Central Board of Revenue2007 PLC(CS) 718 · Supreme Court of Pakistan · 2004-06-09
  premature retirementwithdrawal of retirement optioncompetent authoritycivil servantforged documentservice tribunalpensionary benefits
  Summary & questions settled

  This appeal by leave of the Court was directed against the judgment of the Federal Service Tribunal, which dismissed the appellant's service appeal concerning his premature retirement. The appellant, a Commissioner of Income Tax (BS-20), sought premature retirement upon completing 25 years of qualifying service, which was accepted by the competent authority via notification dated 30-3-2000. Subsequently, the appellant claimed he had withdrawn his option prior to acceptance through a letter bearing a daily diary number. The core legal questions involved whether a civil servant can withdraw an option for premature retirement after its acceptance, and whether the President was the exclusive competent authority to accept premature retirement for Grade-20 officers. The Supreme Court held that an option for premature retirement cannot be withdrawn once accepted by the competent authority, as it becomes a past and closed transaction, and that the finding of the Tribunal regarding the fake and forged nature of the withdrawal letter was fully justified. The Court further held that the Chairman, Central Board of Revenue, acting as ex officio Secretary, was the competent authority to accept the retirement under applicable rules. The appeal was accordingly dismissed with costs.

  Questions settled

  • Can a civil servant withdraw an option for premature retirement after its acceptance by the competent authority?
  • Who is the competent authority to accept premature retirement for a civil servant in Basic Pay Scale 20?
  • Whether an application for withdrawal of premature retirement shown to be a fake and forged document creates any legal right for a civil servant?
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• Mst. Sarwat Qamar Versus Province of Punjab2007 PLC(CS) 715 · Supreme Court of Pakistan · 2005-11-25
  service lawtermination of serviceforged appointment orderconcurrent findings of factleave to appealPTC teacher
  Summary & questions settled

  This petition for leave to appeal challenged a judgment of the Punjab Service Tribunal, which had upheld the removal of the petitioner, a PTC Teacher, from service. The petitioner's employment was terminated by the District Education Officer on the grounds that her initial appointment was illegal, bogus, and made against government policy. The petitioner contended that her removal was inconsistent with the show-cause notice, that no proper inquiry was conducted, and that there was no evidence the appointment order was unauthorized. The Supreme Court observed that both the departmental authorities and the Service Tribunal had recorded concurrent findings of fact that the petitioner was not selected by the District Recruitment Committee, her name was absent from the merit list, and her appointment order was a forged document not found in the official dispatch register. The Court held that it would not review concurrent findings of fact recorded by competent forums in the absence of legal infirmity. Consequently, the Court found no merit in the petition and refused leave to appeal.

  Questions settled

  • Can the Supreme Court review concurrent findings of fact recorded by departmental authorities and the Service Tribunal?
  • Does the absence of a name from the merit list and a forged appointment order justify the removal of a civil servant?
  • Is a departmental finding that an appointment order is a forged document subject to interference in a petition for leave to appeal?
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• Wazir Ali Soomro Versus Water and Power Development Authority and others2007 PLC(CS) 260 · Supreme Court of Pakistan · 2005-09-15
  compulsory retirementWAPDA Actshow-cause noticeservice tribunaldue processstatutory interpretationdisciplinary proceedings
  Summary & questions settled

  This appeal challenges a judgment by the Federal Service Tribunal, which upheld the compulsory retirement of the appellant under Section 17(1-A)(a) of the WAPDA Act, 1958. The core legal question was whether the Tribunal erred in affirming the retirement order without ensuring the Authority complied with the mandatory procedural requirements introduced by the 1994 amendment to the Act. The Supreme Court held that the Tribunal’s decision was perfunctory, non-speaking, and failed to address the lack of due process. The Court set aside the impugned judgment, noting that the Authority failed to issue the mandatory show-cause notice required by the amended statute. The key principle laid down is that while Section 17(1-A) of the WAPDA Act, 1958 grants the Authority discretion to remove employees, this power is not unbridled. Post-1994 amendment, the Authority must strictly follow the prescribed procedure, which includes informing the employee of the grounds for removal and providing an opportunity to show cause in writing, particularly when the removal involves stigma or serious charges requiring detailed inquiry.

  Questions settled

  • Does the amendment to Section 17(1-A) of the WAPDA Act 1958 require the Authority to issue a show-cause notice before removing an employee?
  • Can the WAPDA Authority remove an employee under Section 17(1-A) of the WAPDA Act 1958 without assigning any reason?
  • Is the WAPDA Authority permitted to use Section 17(1-A) of the WAPDA Act 1958 to remove an employee on serious charges that carry a stigma?
  • Does the WAPDA Authority have the discretion to initiate proceedings under Section 17(1-A) of the WAPDA Act 1958 even if disciplinary proceedings under other rules were initiated first?
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• Muhammad Shafique Versus Deputy Director Food and another2007 PLC(CS) 171 · Supreme Court of Pakistan · 2003-02-24
  civil servicedismissal from servicepecuniary lossrecovery of lossdouble jeopardyservice tribunalnegligence
  Summary & questions settled

  This petition for leave to appeal challenged a judgment of the Punjab Service Tribunal which upheld the dismissal of the petitioner from service and an order for the recovery of the cost of 53 metric tons of wheat shortfall from his godown. The core legal questions were whether the imposition of a dual penalty—dismissal from service and recovery of pecuniary loss—violated the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, and whether such an order constituted double jeopardy. The Supreme Court held that the petition lacked merit and dismissed it. The Court affirmed that an order of dismissal from service does not absolve a civil servant of the liability to compensate the government for pecuniary losses caused by their negligence. The Court clarified that recovery of loss is a compensatory measure distinct from disciplinary action, and thus, the principle of double jeopardy is not attracted in such circumstances. The findings of fact regarding the petitioner's negligence and the falsification of stock reports were upheld, as no substantial question of law of public importance was raised to warrant interference.

  Questions settled

  • Does the dismissal of a civil servant from service absolve them from the liability to make good pecuniary loss caused to the government?
  • Does the imposition of a penalty of dismissal alongside an order for recovery of loss constitute double jeopardy?
  • Can a civil servant be proceeded against for recovery of loss while simultaneously being dismissed from service?
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• District Coordination Officer, Narowal Versus Ansar Pervaiz2006 PLC(CS) 625 · Supreme Court of Pakistan · 2005-12-15
  service tribunalremoval from servicecompulsory retirementleave vacanciesleave to appealsubstantial question of law
  Summary & questions settled

  This matter arises from a petition for leave to appeal filed by government functionaries against the judgment of the Punjab Service Tribunal, Lahore, which partly allowed appeals filed by the respondents and converted their penalty of removal from service into compulsory retirement. The core legal question concerned the justification of converting the penalty of removal from service into compulsory retirement for employees who had served for approximately fifteen years after being initially appointed against leave vacancies. The Supreme Court held that the Service Tribunal was justified in converting the penalty given the long duration of service rendered and the petitioners' own inaction. Furthermore, the Court held that the petitions did not involve any substantial question of law of public importance under Article 212(3) of the Constitution. The key principle laid down is that long-standing continuous service of about fifteen years, coupled with departmental inaction, can warrant leniency in departmental penalties, and matters lacking a substantial question of law of public importance do not merit leave to appeal under Article 212(3).

  Questions settled

  • Whether the Service Tribunal is justified in converting the penalty of removal from service into compulsory retirement for employees who have rendered long service?
  • Does a service matter concerning departmental penalties involving long-standing employment entail a substantial question of law of public importance under Article 212(3) of the Constitution?
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• Sami Ullah Versus Inspector-General of Police2006 PLC(CS) 449 · Supreme Court of Pakistan · 2006-02-03
  police misconductdismissal from servicedepartmental inquirycriminal acquittalgross negligenceservice disciplinecustodial escape
  Summary & questions settled

  The petitioner, a police constable, challenged his dismissal from service following the escape of a convict from his custody. The petitioner argued that his acquittal in the related criminal case under sections 222, 223, and 224 of the Pakistan Penal Code 1860 precluded his dismissal from service for the same incident. The Supreme Court examined the disciplinary proceedings and the facts surrounding the escape, noting that the petitioner was part of an armed police party responsible for transporting a high-profile convict. The Court held that the evidence established gross negligence and active connivance, which justified the disciplinary action regardless of the criminal acquittal. The Court affirmed that disciplinary proceedings are distinct from criminal proceedings, and an acquittal in a criminal court does not automatically invalidate departmental action based on the same facts. The petition was dismissed, as the Court found no merit in the contention that the acquittal rendered the dismissal unlawful, reinforcing that departmental liability for misconduct remains independent of criminal trial outcomes.

  Questions settled

  • Does an acquittal in criminal proceedings automatically invalidate departmental disciplinary proceedings based on the same facts?
  • Can a police officer be held liable for misconduct in departmental proceedings despite being acquitted of criminal charges related to the same incident?
  • Is the principle of vicarious liability applicable to members of a police party responsible for the safe custody of a prisoner?
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• Inayatullah Versus Director-General2006 PLC(CS) 422 · Supreme Court of Pakistan · 2005-11-08
  service law4-tier structurereasonable classificationequal protection of lawlimitation periodservice tribunal jurisdictioncadre distinction
  Summary & questions settled

  This matter concerns civil petitions challenging a Federal Service Tribunal judgment that dismissed appeals by Physical Training Instructors (PTIs) and Directors of Physical Education (DPEs) seeking inclusion in a 4-Tier re-organization scheme for the 'General Cadre' of teachers. The core legal question was whether excluding these professionals from the scheme constituted discriminatory treatment under Article 25 of the Constitution of the Islamic Republic of Pakistan 1973, and whether the Tribunal erred in dismissing their appeals. The Supreme Court held that the petitions were meritless, affirming that PTIs and DPEs belong to a distinct cadre with duties separate from the 'General Cadre' teachers. The Court ruled that the classification was reasonable and not discriminatory, as the groups were never similarly situated. Furthermore, the Court upheld the dismissal of the appeals on the grounds of limitation, noting that a service appeal is incompetent if the departmental representation is time-barred. The key principle laid down is that reasonable classification based on distinct service cadres and duties is constitutionally valid, and strict adherence to limitation periods for departmental remedies is a prerequisite for invoking the jurisdiction of Service Tribunals.

  Questions settled

  • Does the exclusion of a specific cadre of employees from a re-organization scheme applicable to a different cadre constitute discrimination under Article 25 of the Constitution of the Islamic Republic of Pakistan 1973?
  • Can a Service Tribunal entertain a service appeal if the underlying departmental appeal was filed beyond the prescribed period of limitation?
  • Is the classification of teachers into 'General Cadre' and 'Physical Education Cadre' for the purpose of promotion and re-organization constitutionally permissible?
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• Muhammad Mukhtar Versus Medical Superintendent, Services Hospital, Lahore2006 PLC(CS) 405 · Supreme Court of Pakistan · 2006-01-26
  wilful absenceremoval from servicecondonation of delayservice tribunalex parte proceedingsdisciplinary proceedingsleave to appeal
  Summary & questions settled

  This petition for leave to appeal is directed against the judgment of the Service Tribunal which dismissed the petitioner's appeal against the penalty of removal from service imposed by the Medical Superintendent, Services Hospital, Lahore on account of wilful absence from duty. The core legal questions involve whether the petitioner was condemned unheard during disciplinary proceedings and whether the Service Tribunal exercised its discretion judiciously in refusing to condone an inordinate delay in filing the departmental appeal. The Supreme Court held that the petitioner was afforded adequate opportunity of hearing through charge-sheets, reminders, and substituted service, but deliberately failed to respond after overstaying sanctioned leave for Umra. The Court further held that the departmental appeal was barred by time by one year and ten months, and the sufficiency of cause for condonation of delay falls within the factual domain of the Tribunal whose discretion warrants no interference without lawful justification. The petition was accordingly dismissed and leave to appeal refused.

  Questions settled

  • Whether an employee who fails to respond to charge-sheets, reminders, and substituted service can claim to have been condemned unheard?
  • Whether the sufficiency of cause for condonation of delay falls within the jurisdictional domain of the Service Tribunal?
  • Whether overstaying sanctioned leave and failing to join duty constitutes wilful absence justifying removal from service?
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• Muhammad Amin Kalus Versus Punjab Local Government Board2006 PLC(CS) 394 · Supreme Court of Pakistan · 2006-01-25
  disciplinary proceedingsservice tribunal jurisdictioncivil servant statusstatutory interpretationretrospective effectlocal government employeesrepeal of ordinance
  Summary & questions settled

  This matter concerns petitions for leave to appeal against a judgment of the Punjab Service Tribunal, which dismissed the petitioners' appeals regarding their dismissal from service. The petitioners, employees of the Punjab Local Government Board, were subjected to disciplinary proceedings resulting in dismissal and a recovery order. The core legal questions involve the jurisdiction of the Punjab Service Tribunal to hear grievances of Local Council Service members, specifically whether they qualify as 'civil servants' under the Punjab Service Tribunals Act, 1974, in light of the Punjab Local Government Ordinance, 1979. Furthermore, the court must determine the impact of the repeal of the 1979 Ordinance by the Punjab Local Government Ordinance, 2001, particularly regarding the retrospective effect of the new legislation and the status of service rules framed under the repealed Ordinance. The Supreme Court granted leave to appeal, converting the petitions into appeals, to address these issues of statutory interpretation, the temporal application of the 2001 Ordinance, and the preservation of existing service rules, thereby determining the scope of the Tribunal's jurisdiction over these employees.

  Questions settled

  • Does the Punjab Service Tribunal have jurisdiction to hear appeals from members of Local Council Services under the Punjab Service Tribunals Act, 1974?
  • Did the Punjab Local Government Ordinance, 2001, have retrospective effect upon its repeal of the Punjab Local Government Ordinance, 1979?
  • Are service rules framed under the Punjab Local Government Ordinance, 1979, saved by the provisions of the Punjab Local Government Ordinance, 2001?
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• Najam Abbas Versus Superintendent of Police City Division, Gujranwala2006 PLC(CS) 355 · Supreme Court of Pakistan · 2006-02-14
  service lawdisciplinary proceedingslimitation periodservice tribunalstatutory dutyprinciple of consistencypublic functionaries
  Summary & questions settled

  This matter concerns service appeals arising from disciplinary proceedings initiated against police officials under the Removal from Service (Special Powers) Ordinance, 2000. The core legal questions involved whether revision petitions filed before the Inspector-General of Police were maintainable and whether the Punjab Service Tribunal erred in dismissing the petitioners' appeals as time-barred. The Supreme Court held that the Service Tribunal’s dismissal was unsustainable because the delay in filing appeals was directly attributable to the Inspector-General of Police, who failed to process the revision petitions within the statutory timeframe prescribed by Section 9(4) of the Ordinance. The Court emphasized that no litigant should be penalized for the omissions of public functionaries. Furthermore, the Court noted the inconsistency in the Inspector-General’s handling of similar revision petitions, violating the principle of consistency. Consequently, the Court set aside the impugned judgments and remanded the cases to the Service Tribunal for decision on merits. The key principle laid down is that statutory authorities must perform their duties within prescribed timelines, and procedural technicalities like limitation should not defeat justice when the delay is caused by state functionaries.

  Questions settled

  • Can a litigant be penalized for a delay in filing an appeal when the delay is caused by the failure of a public functionary to perform a statutory duty?
  • Does the principle of consistency require that similar disciplinary revision petitions be treated uniformly by the Inspector-General of Police?
  • Is the Service Tribunal justified in dismissing an appeal as time-barred when the delay resulted from the respondent authority's failure to process a revision petition within the statutory timeframe?
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• Government of Punjab Versus Shakeel Ahmad2006 PLC(CS) 340 · Supreme Court of Pakistan · 2006-01-24
  civil servantdisciplinary proceedingsde novo inquiryPunjab Service Tribunalefficiency and discipline rulesremoval from servicepowers of authority and government
  Summary & questions settled

  This matter arises from a petition for leave to appeal filed by the Government of Punjab against a judgment of the Punjab Service Tribunal, which had set aside the removal of the respondent, a civil servant, from service. The respondent was initially subjected to disciplinary proceedings under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, and given a minor penalty by the Authorized Officer. Subsequently, the Secretary Industries directed a de novo inquiry, leading to the respondent's removal. The core legal question was whether the Secretary Industries acted as the 'Government' under rule 18 of the said Rules to validly direct a de novo inquiry and whether such proceedings could be initiated while a prior penalty order remained extant. The Supreme Court held that the Secretary acted as the 'Authority' rather than the 'Government' and that fresh proceedings and a harsher penalty could not be sustained while the earlier penalty order remained valid and un-set-aside. The petition was dismissed, affirming the Tribunal's decision.

  Questions settled

  • Whether the Secretary Industries can direct a de novo inquiry acting as an 'Authority' rather than the 'Government' under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975?
  • Can fresh disciplinary proceedings and a harsher penalty be initiated while a prior penalty order passed by the Authorized Officer remains extant and un-set-aside?
  • Does a clear line of demarcation exist between the 'Government' and the 'Authority' under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975?
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• Government of Punjab Versus Shahid Mehmood Butt2006 PLC(CS) 325 · Supreme Court of Pakistan · 2005-12-02
  civil servicetransfer orderdisciplinary proceedingsreduction in rankdiscretionary powerinsubordinationproportionality of penalty
  Summary & questions settled

  The Government of Punjab sought leave to appeal against a judgment of the Punjab Service Tribunal which had converted a major penalty of reduction in rank imposed on a civil servant into a minor penalty of censure. The civil servant had disobeyed a transfer order and subsequent directives to report for duty, claiming he was awaiting the decision on his representation against the transfer. The Supreme Court of Pakistan held that merely filing a representation or appeal against a transfer order does not entitle a civil servant to refuse compliance or remain at their preferred station unless the operation of the transfer order has been formally stayed. While the Service Tribunal possesses the discretion to reduce a penalty, such discretion must be exercised reasonably, proportionately, and on relevant considerations. Concurring with the findings of guilt but arbitrarily reducing the penalty without valid justification undermines administrative discipline. Consequently, the Supreme Court converted the petition into an appeal, allowed it, and restored the original major penalty.

  Questions settled

  • Does the filing of a representation or appeal against a transfer order automatically stay its operation or justify a civil servant's non-compliance?
  • Under what principles must the Service Tribunal exercise its discretion to reduce a penalty imposed by departmental authorities?
  • Can a Service Tribunal arbitrarily reduce a major penalty to a minor one after concurring with the departmental findings of guilt?
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• Chief Secretary Punjab and others Versus Abdul Raoof Dasti2006 PLC(CS) 1278 · Supreme Court of Pakistan · 2006-05-02
  illegal appointmentcivil servicemisconductpublic trustlien on postservice tribunalextraneous influencedisciplinary proceedings
  Summary & questions settled

  This matter concerns an appeal against a judgment of the Punjab Service Tribunal, which had set aside the disciplinary action taken against the respondent, a civil servant. The respondent, an Assistant District Attorney, had maneuvered his appointment as a Deputy District Attorney through extraneous influence and without following the prescribed legal procedure of public advertisement and selection by the Public Service Commission. The core legal question was whether such an appointment, made in violation of recruitment rules and without the Chief Minister exercising valid powers of relaxation, could be sustained, and whether the respondent could retain his original position as an Assistant District Attorney after the higher appointment was declared illegal. The Supreme Court held that the appointment was illegal, void ab initio, and secured through misconduct. The Court ruled that because the respondent had accepted the appointment as a direct recruit, he lost his lien on his previous post. Consequently, the Court set aside the Tribunal's judgment and, exercising powers under Article 187 of the Constitution, ordered that the respondent cease to be a civil servant, emphasizing that public appointments are a sacred trust requiring transparency and merit.

  Questions settled

  • Does a civil servant who accepts a new appointment via direct recruitment retain a lien on their previous post if the new appointment is subsequently declared illegal?
  • Can a Chief Minister relax recruitment rules for a public post without the existence of special reasons or hardship?
  • Does the non-participation of a civil servant in an inquiry proceeding constitute a violation of natural justice if the facts are not in dispute and the civil servant was afforded multiple opportunities to defend themselves?
  • Does securing a public appointment through extraneous influence constitute misconduct under the Punjab Civil Servants (Efficiency and Discipline) Rules 1975?
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• Asad Bashir Versus Chairman Board of Intermediate and Secondary Education, Lahore and 2 others2006 PLC(CS) 110 · Supreme Court of Pakistan
  constitutional jurisdictionmaintainability of writ petitionstatutory rulesnon-statutory regulationsmaster and servantterms and conditions of serviceboard of intermediate and secondary education
  Summary & questions settled

  These appeals by leave address the maintainability of constitutional petitions filed by former employees of the Board of Intermediate and Secondary Education, Lahore, who were dismissed, removed, or compulsorily retired from service. The core legal question is whether the service regulations governing the employees of the Board are statutory in nature, thereby rendering the writ petitions maintainable under Article 199 of the Constitution. The Supreme Court held that since the regulations framed by the Board lacked the mandatory formal approval of the Government as required by the enabling statute, they possess no higher status than internal instructions or domestic rules and are non-statutory. Consequently, the High Court correctly dismissed the writ petitions for lack of maintainability. The key principle laid down is that service regulations of a statutory board which have not received the formal approval of the Government do not acquire statutory force, and the violation of such non-statutory rules does not furnish a ground to invoke the constitutional jurisdiction of the High Court.

  Questions settled

  • Whether service regulations framed by the Board of Intermediate and Secondary Education without the formal approval of the Government possess statutory status?
  • Are constitutional petitions under Article 199 of the Constitution maintainable for the enforcement of non-statutory service rules of an educational board?
  • What is the legal status of service rules and regulations adopted or framed by a statutory board without fulfilling the statutory requirement of government approval?
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• Muhammad Younus Tanoli Versus Federation of Pakistan through Secretary Finance and others2005 PLC(CS) 798 · Supreme Court of Pakistan · 2005-03-09
  move-overcivil serviceAnnual Confidential Reportaverage ACRservice tribunalpromotion criteria
  Summary & questions settled

  This appeal challenged the Federal Service Tribunal's judgment denying the appellant's move-over from B-17 to B-18. The appellant had been denied the move-over because he failed to meet the Finance Division's criteria of having at least two 'good' Annual Confidential Reports (A.C.Rs.), as he possessed one 'good' and one 'average' report. The core legal question was whether an 'average' A.C.R. could be treated as 'good' for the purpose of qualifying for a move-over. The Supreme Court, relying on established precedents including Muhammad Anwar v. The Secretary Establishment Division, held that an 'average' report cannot be treated as adverse unless specifically communicated as such. The Court affirmed the principle that for the purpose of move-over, 'average' A.C.Rs. should be treated as 'generally good' in the absence of adverse reports. Consequently, the Court allowed the appeal, set aside the Tribunal's judgment, and directed the department to grant the appellant the move-over from the date it was originally due.

  Questions settled

  • Can an 'average' Annual Confidential Report be treated as 'good' for the purpose of a civil servant's move-over?
  • Is an 'average' A.C.R. considered an adverse report if it has not been specifically communicated to the civil servant as such?
  • Does the expression 'generally good' in the context of move-over criteria encompass a mix of 'good' and 'average' reports?
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• Asdullah Mangi Versus Pakistan International Airlines Corporation2005 PLC(CS) 771 · Supreme Court of Pakistan · 2004-06-01
  vested rightoffer of employmentconstitutional petitiondiscriminationpublic corporation employmentappointment versus training
  Summary & questions settled

  The appellants challenged the dismissal of their constitutional petitions by the High Court of Sindh, which had upheld the decision of Pakistan International Airlines Corporation (PIAC) not to induct them as Flight Stewards. The core legal questions involved whether the appellants had ever been appointed as Flight Stewards, whether any vested or legal rights had accrued in their favour, and whether PIAC's refusal violated Articles 4 and 25 of the Constitution of Pakistan. The Supreme Court held that the letters issued to the appellants constituted merely an offer for training and an offer for employment, not actual appointment or posting. The Court concluded that no vested or legal right had accrued, assessment of suitability fell within the exclusive domain of the employer, and PIAC's action was neither mala fide nor discriminatory. The appeals were dismissed, with an observation that PIAC might consider the appellants on humanitarian grounds as fresh candidates if they compete on merit.

  Questions settled

  • Whether an offer for training and a conditional offer of employment can be equated with actual appointment to a public post?
  • Does a candidate selected as a trainee acquire a vested or justiciable legal right to be appointed to a permanent post without successfully completing all prerequisites and formal selection?
  • Whether an autonomous corporation like PIAC can be compelled by a writ to make appointments when no vacancies exist or when initial selection was found to be irregular?
  • Does the equality guarantee under Article 25 of the Constitution prevent an employer from assessing candidate suitability or halting recruitment due to administrative and budgetary constraints?
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• Government of N.-W.F.P. Versus Farman Ali2005 PLC(CS) 737 · Supreme Court of Pakistan · 2005-03-04
  service lawquantum of punishmentlimitation periodtime scale reductiondepartmental inquirymajor penaltyservice tribunal appeal
  Summary & questions settled

  This matter concerns petitions for leave to appeal against a Service Tribunal judgment that modified the punishment of two civil servants from reduction to the minimum of their time scale to the stoppage of three increments. The core legal questions were whether an appeal lies to the Service Tribunal against the quantum of punishment alone under the N.-W.F.P. Service Tribunals Act, 1974, whether the respondents' appeals were time-barred, and the interpretation of 'reduction to a lower stage in a time scale' under the N.-W.F.P. Government Servants (Efficiency and Discipline) Rules, 1973. The Supreme Court held that appeals challenging only the quantum of punishment are barred in N.-W.F.P. and Balochistan, except for dismissal, removal, or compulsory retirement. Furthermore, the Court ruled the respondents' appeals were time-barred, rejecting their attempt to extend limitation through a redundant application. Finally, the Court established that the phrase 'a lower stage in a time scale' permits reduction to any lower stage, including the minimum of the time scale, rather than being restricted to a single step. The Court set aside the Tribunal's judgment and restored the original departmental penalty.

  Questions settled

  • Is an appeal before the Service Tribunal competent if it is filed exclusively against the quantum of punishment under the N.-W.F.P. Service Tribunals Act, 1974?
  • Does the phrase 'a lower stage in a time scale' under the N.-W.F.P. Government Servants (Efficiency and Discipline) Rules, 1973, restrict the departmental authority to reducing a civil servant by only one step?
  • Can a civil servant extend the period of limitation for filing an appeal by submitting a subsequent application for clarification to the departmental authority?
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• Executive Engineer and others Versus Zahid Sharif2005 PLC(CS) 701 · Supreme Court of Pakistan · 2002-09-18
  service tribunaldismissal from servicedisciplinary proceedingsdispensation of inquirycompetent authoritycriminal acquittalback-benefitsWAPDA employee
  Summary & questions settled

  This petition for leave to appeal arises from a judgment of the Federal Service Tribunal which set aside the dismissal of the respondent and directed his reinstatement with back-benefits. The respondent, a WAPDA employee, had been dismissed from service following allegations of corruption and illegal gratification after being caught during an Anti-Corruption Department raid. The Supreme Court examined whether the dismissal order was vitiated due to being passed by an Executive Engineer instead of the competent authority, and whether the dispensation of a regular inquiry under the Pakistan Employees (E&D) Rules, 1978 was lawful. The Court held that while the dismissal order suffered from an irregularity regarding the issuing authority, the underlying disciplinary proceedings and the dispensation of inquiry by the competent Chief Engineer were valid. The Court further noted that acquittal in a criminal trial does not bar departmental disciplinary proceedings. Consequently, the appeal was accepted, the Tribunal's judgment was set aside, and the matter was remanded to the competent authority to decide afresh within two months on the existing record without holding a fresh inquiry.

  Questions settled

  • Does an acquittal in a criminal trial serve as an embargo against departmental disciplinary proceedings?
  • Can the competent authority dispense with a regular inquiry under the Pakistan Employees (E&D) Rules, 1978?
  • Does the issuance of a dismissal order by an Executive Engineer instead of the Chief Engineer render the entire disciplinary proceedings ab initio void?
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• Muhammad Israrullah Versus Assistant Director, Manpower2005 PLC(CS) 639 · Supreme Court of Pakistan · 2004-12-13
  service lawliendeputationreinstatementback benefitsregularizationtermination of service
  Summary & questions settled

  This appeal challenges a judgment of the N.-W.F.P. Service Tribunal, which upheld the termination of the appellant's services. The appellant, initially appointed as a Junior Clerk, was later appointed as an Instructor on a contract basis. The core legal question was whether the appellant, a regular employee who had moved to a new position through proper channels, could have his services terminated despite retaining a lien on his original post. The Supreme Court held that the appellant's appointment as an Instructor was effectively on a deputation basis, as he had not been confirmed in the borrowing department. Consequently, his lien on his original post as a Junior Clerk remained intact. The Court ruled that the administrative failure to confirm the appellant in his original post did not prejudice his rights, and he could not be terminated due to the temporary nature of his subsequent appointment. The Court set aside the Tribunal's judgment, ordering the appellant's reinstatement as a Junior Clerk with full back benefits, emphasizing that a regular employee's lien cannot be terminated without legal justification.

  Questions settled

  • Can the services of a regular employee be terminated when they are appointed to a new position through proper channels but not confirmed in the borrowing department?
  • Does an employee retain a lien on their original post if they are appointed to a new position on a deputation basis?
  • Can an employee be held responsible for the failure of administrative authorities to confirm them in a post to facilitate a lien?
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• Tasleem Jan and others Versus Muhammad Zaman and others2005 PLC(CS) 610 · Supreme Court of Pakistan · 2004-12-31
  civil servantpromotioneligibilityfitnessjurisdictionservice tribunalseniority listconstitutional petition
  Summary & questions settled

  This matter arises from petitions seeking leave to appeal against a judgment of the Peshawar High Court, which had accepted writ petitions filed by a respondent and directed the preparation of a fresh joint seniority list of Senior Research Officers irrespective of functional groups for promotion to the post of Director/Coordinator Agriculture Research. The core legal question was whether the High Court had jurisdiction under Article 199 of the Constitution to adjudicate upon a dispute concerning the promotion and seniority (eligibility) of a civil servant, given the constitutional bar under Article 212 and the provisions of the N.-W.F.P. Service Tribunals Act, 1974. The Supreme Court held that the question of eligibility for promotion relates to the terms and conditions of service and falls within the exclusive jurisdiction of the Service Tribunal, whereas only the question of fitness for promotion is barred from the Tribunal's jurisdiction. Consequently, the High Court wrongly assumed jurisdiction under Article 199. The appeals were accepted and the impugned judgment set aside.

  Questions settled

  • Does the Service Tribunal have jurisdiction to determine the eligibility of a civil servant for promotion?
  • Whether the question of fitness for promotion is distinct from the question of eligibility to hold an office?
  • Did the High Court have jurisdiction under Article 199 of the Constitution to entertain a service matter regarding promotion eligibility?
  • How is seniority in a grade determined upon promotion under Section 8 of the N.-W.F.P. Civil Servants Act, 1973?
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• Inspector-General of Police, Sindh Versus Habibur Rehman Abro2005 PLC(CS) 554 · Supreme Court of Pakistan · 2004-11-10
  police servicemisconductrevisional powersexonerationservice tribunaldepartmental inquiryapproved servicepenalties
  Summary & questions settled

  This petition for leave to appeal arises from a judgment of the Sindh Service Tribunal which accepted the respondent police official's appeal against the forfeiture of two years of his approved service. The respondent was initially proceeded against for misconduct following an F.I.R. under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, but was ultimately exonerated in a departmental inquiry. Disagreeing with the exoneration, the Deputy Inspector-General of Police exercised revisional powers under Rule 12 of the Sindh Police (Efficiency and Discipline) Rules, 1988, found the respondent guilty, and imposed the penalty. The core legal question was whether a revisional authority under Rule 12 of the 1988 Rules is competent to alter a finding of exoneration (not guilty) into a finding of guilt and impose a major penalty, given the omission of powers previously contained in Rule 16.28 of the Police Rules, 1934. The Supreme Court held that the Tribunal rightly struck down the revisional order, ruling that the power to modify or annul 'awards' presupposes an existing punishment, and the omission of explicit powers to inflict punishment where none was awarded signifies that superior officers no longer possess the authority to convert a finding of exoneration into one of guilt under the current rules. The petition was accordingly dismissed.

  Questions settled

  • Whether Rule 12 of the Sindh Police (Efficiency and Discipline) Rules, 1988 empowers a revisional authority to convert a finding of exoneration into a finding of guilt?
  • Does the power to modify or annul awards under Rule 12 of the Sindh Police (Efficiency and Discipline) Rules, 1988 include the authority to inflict punishment where an employee has been exonerated?
  • What is the legal effect of the omission of provisions corresponding to Rule 16.28(1)(a) of the Police Rules, 1934 in the Sindh Police (Efficiency and Discipline) Rules, 1988?
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• Chief Secretary, Government of Sindh Versus Al-Haj Professor Syed Sibte Hasan Zaidi2005 PLC(CS) 531 · Supreme Court of Pakistan · 2004-11-18
  departmental enquirymisconductnatural justiceservice tribunalremoval from servicesuperannuationprocedural fairnessleave to appeal
  Summary & questions settled

  This matter concerns a petition for leave to appeal filed by the Government of Sindh against a judgment of the Sindh Service Tribunal, which set aside the removal from service of respondent No. 1, a college principal, and directed his retirement upon superannuation. The core legal question was whether the departmental enquiry, which resulted in the respondent's removal for alleged misconduct, was conducted in accordance with the principles of natural justice. The Supreme Court found that the enquiry officer failed to appear at the scheduled time, subsequently held proceedings behind the respondent's back without notice, and submitted a guilty finding without examining the accused or any witnesses. The Court held that the Tribunal's decision to strike down the removal order was just, proper, and fair, as the departmental action was based on a flawed enquiry accepted without application of mind. The Court affirmed that disciplinary proceedings must strictly adhere to procedural fairness and that the State should not initiate uncalled-for litigation when no substantial question of law is involved.

  Questions settled

  • Can a departmental enquiry resulting in a major penalty be sustained if the enquiry officer fails to examine the accused or any witnesses?
  • Is an enquiry report valid if the proceedings were conducted behind the back of the accused official without proper intimation?
  • Does the failure of an enquiry officer to appear at the scheduled time and place vitiate the subsequent disciplinary proceedings?
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• Tara Chand Versus Karachi Water and Sewerage Board, Karachi2005 PLC(CS) 368 · Supreme Court of Pakistan · 2004-12-14
  service lawretrenchmentrule of equalitycomplete justicenon-appealing partyappellate powerscivil service
  Summary & questions settled

  This matter concerns a petition for review and miscellaneous applications filed by employees of the Karachi Water and Sewerage Board whose services were terminated alongside other employees who had successfully challenged their retrenchment before the Supreme Court. The core legal question was whether the petitioners, who were not appellants in the previous successful litigation, were entitled to the same relief as the successful parties, given that their cases were identical. The Court held that the petitioners were entitled to the same relief. It reasoned that when a court determines a point of law regarding the terms of service, the benefit of that judgment should be extended to all similarly situated civil servants to ensure complete justice and uphold the rule of good governance, rather than forcing them to initiate separate litigation. The Court affirmed that under the principle of equality enshrined in Article 25 of the Constitution and the appellate powers of the Court, relief can be granted to non-appealing parties to prevent discrimination and ensure that identical cases are treated uniformly.

  Questions settled

  • Can the benefit of a judgment regarding service terms be extended to civil servants who were not parties to the original litigation?
  • Does the Supreme Court have the power to grant relief to non-appealing respondents in a service matter?
  • Is the principle of equality under Article 25 of the Constitution applicable to the extension of relief in service matters?
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• Ghulam Qasim Khan Versus Federation of Pakistan2005 PLC(CS) 1475 · Supreme Court of Pakistan
  service tribunaldisciplinary proceedingsinquiry reportrecommendatory naturecompetent authoritymisappropriationlack of supervisionleave to appeal
  Summary & questions settled

  The petitioner, a government director, sought leave to appeal against a judgment of the Federal Service Tribunal that modified his punishment of reduction to the lowest time scale for three years following disciplinary proceedings. The core legal questions involved whether a competent authority is bound by the recommendations of an inquiry committee, and whether lack of supervision warrants disciplinary action when direct misappropriation is not proved. The Supreme Court held that the competent authority is not bound by recommendatory inquiry reports and is empowered to impose appropriate penalties under the applicable statutory framework. The Court laid down the principle that inquiry recommendations are purely recommendatory in nature and do not fetter the statutory discretion of the competent authority to determine and impose suitable punishments for proved inefficiencies.

  Questions settled

  • Whether the competent authority is bound to follow the recommendations of an inquiry officer or inquiry committee under the Removal from Service (Special Powers) Ordinance, 2000?
  • Can a government employee be penalized for lack of supervision when direct involvement in misappropriation is not established?
  • Does the Federal Service Tribunal have the power to modify punishments awarded in departmental proceedings?
  Read full judgment →
• Ejaz Ahmad Hashmi Versus State Life Insurance Corporation2005 PLC(CS) 1463 · Supreme Court of Pakistan
  time-barredcondonation of delaySupreme Courtservice tribunalpetition dismissed
  Summary & questions settled

  The petitioners filed petitions against the judgments dated 22nd June, 2004, which were found to be barred by time. Separate applications for condonation of delay were moved on the ground that petitioners were informed later about the judgment and approached the court with a delay of two to three days, while one petitioner cited mental disturbance and family circumstances. The core legal question was whether sufficient grounds existed for the condonation of delay in filing the petitions. The Supreme Court held that the grounds taken were unacceptable as arguments were advanced and the judgment was announced in the presence of the parties and their counsel, and no plausible reason was assigned for the delay. Consequently, the petitions were dismissed as time-barred.

  Questions settled

  • Whether delay in filing petitions can be condoned on the ground of late intimation when judgment was announced in the presence of counsel?
  • Can personal mental disturbance and family circumstances serve as sufficient ground for condonation of delay without plausible justification?
  • Whether petitions barred by time without valid explanation are liable to be dismissed?
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• Anwar Parvez Versus Chairman, Board of Intermediate and Secondary Education, Abbottabad2005 PLC(CS) 1382 · Supreme Court of Pakistan · 2005-06-24
  compulsory retirementservice tribunal jurisdictionspecial lawcompetency of appealcivil servant statusremoval from service
  Summary & questions settled

  The petitioner, a former Assistant at the Board of Intermediate and Secondary Education, Abbottabad, challenged the dismissal of his appeal by the N.-W.F.P. Service Tribunal. The Tribunal had dismissed his appeal against compulsory retirement in limine, reasoning that the petitioner did not qualify as a civil servant under section 2(b) of the N.-W.F.P. Civil Servants Act, 1973, and thus lacked standing. The core legal question was whether an employee of the Board, proceeded against under the N.-W.F.P. Removal from Service (Special Powers) Ordinance, 2000, could approach the Service Tribunal for relief. The Supreme Court held that the appeal was indeed competent. The Court reasoned that section 10 of the N.-W.F.P. Removal from Service (Special Powers) Ordinance, 2000, acts as a special law that overrides other provisions, explicitly granting a right of appeal to the Service Tribunal for any person aggrieved by an order under that Ordinance, regardless of their status as a civil servant. Consequently, the Court set aside the Tribunal's order and remanded the case for a decision on the merits.

  Questions settled

  • Does the N.-W.F.P. Removal from Service (Special Powers) Ordinance, 2000, grant a right of appeal to the Service Tribunal for employees who are not civil servants?
  • Does section 10 of the N.-W.F.P. Removal from Service (Special Powers) Ordinance, 2000, override the definition of civil servant found in the N.-W.F.P. Civil Servants Act, 1973, regarding the forum of appeal?
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• Abdul Hameed Versus Member (Revenue), Board of Revenue and others2005 PLC(CS) 1367 · Supreme Court of Pakistan · 2005-06-01
  mutationcivil court decreemisconduct versus negligencerevenue officersdepartmental inquiryservice tribunalmajor penalty
  Summary & questions settled

  These three connected appeals arise from judgments of the Punjab Service Tribunal regarding disciplinary proceedings against revenue officials (a Patwari, a Kanungo, and a Naib Tehsildar) who sanctioned a property mutation based on a civil court decree without the prior approval of the District Collector. The appellants faced multiple inquiries, leading ultimately to their dismissal from service for misconduct. The core legal questions involved whether prior approval of the District Collector is a legal prerequisite for implementing a court decree via mutation under the Land Revenue Act, 1967, and whether mere procedural omission or lack of vigilance constitutes 'misconduct' warranting major penalties or merely 'negligence'. The Supreme Court held that revenue officials are bound to implement a valid court decree under section 42 of the Land Revenue Act, 1967, and that prior approval of the District Collector is not a statutory requirement. The Court ruled that failing to inform senior authorities of sensitive matters involving government land amounts to negligence rather than deliberate misconduct, as misconduct requires mens rea or grave negligence. Consequently, the Court converted the major penalty of dismissal into a minor penalty of stoppage of two increments.

  Questions settled

  • Whether prior approval of the District Collector is required by law before sanctioning a mutation in implementation of a civil court decree?
  • Does a failure by revenue officials to bring sensitive matters involving government land to the notice of senior authorities constitute 'misconduct' or mere 'negligence'?
  • Can revenue staff go behind a civil court decree while dealing with mutation proceedings under the Land Revenue Act, 1967?
  Read full judgment →
• Mian Abdul Qadeer Versus Government of Pakistan2005 PLC(CS) 1325 · Supreme Court of Pakistan
  service tribunalseniority disputedismissal from servicemisconductpast and closed transactionreinstatementRemoval from Service Ordinance
  Summary & questions settled

  This matter arises from a petition seeking leave to appeal against the Federal Service Tribunal's judgment dismissing the petitioner's appeal against his dismissal from service under the Removal from Service (Special Powers) Ordinance, 2000. The core legal question concerns whether the petitioner's actions in seeking the reopening and restoration of his seniority after it had attained finality constituted gross misconduct warranting dismissal. The Supreme Court converted the petition into an appeal and accepted it, holding that the petitioner's repeated representations and reopening of a past and closed seniority issue did not amount to misconduct, fraud, or forgery, and that the extreme penalty of dismissal was unjustified. The Court laid down the principle that a past and closed seniority transaction cannot justify severe disciplinary dismissal without proof of actual misconduct, and ordered the petitioner's reinstatement while restoring the finalized revised seniority list.

  Questions settled

  • Whether the reopening of a finalized seniority issue by a civil servant amounts to gross misconduct warranting dismissal from service?
  • Can the extreme penalty of dismissal be sustained in the absence of proven charges of fraud, corruption, or forgery?
  • When does a revised seniority list attain finality so as to become a past and closed transaction?
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• Syed Aqleem Abbasi Jafari Versus Province of Punjab2005 PLC(CS) 1289 · Supreme Court of Pakistan · 2004-08-04
  service appealembezzlementdepartmental inquirysimultaneous proceedingsleave to appealreduction in rank
  Summary & questions settled

  This matter arises from a petition for leave to appeal directed against the judgment of the Punjab Service Tribunal, Lahore, which dismissed the petitioner's service appeal regarding the imposition of penalties for embezzlement. The petitioner, an Accounts Clerk, challenged the departmental proceedings on grounds including prior acquittal in a criminal case, absence of a regular inquiry, and factual contentions regarding recovery and payment procedures. The core legal question was whether the service tribunal's validation of the departmental inquiry, dispensation of a formal inquiry, and simultaneous departmental and criminal proceedings suffered from any legal infirmity. The Supreme Court held that departmental and criminal proceedings can be taken simultaneously and independently, that a regular inquiry can be validly dispensed with when sufficient documentary evidence is available, and that the petitioner was afforded adequate opportunity to defend himself. The court concluded that no substantial question of law of public importance under Article 212(3) was involved, and accordingly dismissed the petition and refused leave to appeal.

  Questions settled

  • Whether departmental and criminal proceedings can be taken simultaneously and independently against a delinquent official?
  • Can a regular inquiry be validly dispensed with by departmental authorities when sufficient documentary evidence is available on record?
  • Does a petition against the dismissal of a service appeal by a service tribunal involve a substantial question of law of public importance under Article 212(3) of the Constitution?
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• Pakistan Red Crescent Society Versus Syed Nazir Gillani2005 PLC(CS) 1264 · Supreme Court of Pakistan · 2005-06-01
  master and servantnon-statutory rulesconstitutional jurisdictionwrit of reinstatementPakistan Red Crescent Societytermination of serviceservice regulations
  Summary & questions settled

  This appeal by leave of the Court arose from a judgment of the Lahore High Court, which had accepted an intra-court appeal and reinstated the respondent, Syed Nazir Gillani, after setting aside the termination of his services by the Pakistan Red Crescent Society. The core legal question was whether the Pakistan Red Crescent Society Act 1920 and the Pakistan Red Crescent National Headquarters (Staff) Service Regulations 1974 are statutory in character, and whether an employee of the Society can invoke the constitutional jurisdiction of the High Court for reinstatement under the principle of master and servant. The Supreme Court allowed the appeal and set aside the High Court's judgment, holding that the Pakistan Red Crescent Society is not a statutory body performing functions in connection with the affairs of the Federation or Province, and that its regulations framed under section 5 of the Act are non-statutory. The key principle laid down is that where terms and conditions of service are not regulated by statute or statutory rules and no government intervention exists in rule-making, the relationship between the employer and employee is strictly governed by the principle of master and servant, rendering a writ petition for reinstatement incompetent, with the sole remedy for wrongful termination being a suit for damages.

  Questions settled

  • Whether the Pakistan Red Crescent Society is a statutory body performing functions in connection with the affairs of the Federation or a Province?
  • Do the Pakistan Red Crescent National Headquarters (Staff) Service Regulations 1974 possess statutory force?
  • Can an employee of a corporation governed by non-statutory rules invoke the constitutional jurisdiction of the High Court for reinstatement?
  • What is the appropriate legal remedy for an employee of the Pakistan Red Crescent Society alleging wrongful termination of service?
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• Professor Dr. Nizakat Begum, Ayub Medical College, Abbottabad Versus Government of N.-W.F.P.2005 PLC(CS) 1247 · Supreme Court of Pakistan · 2005-06-29
  service tribunalcivil servantautonomous bodyremoval from servicespecial powersmedical institution
  Summary & questions settled

  This petition for leave to appeal challenges the order of the N.-W.F.P. Service Tribunal, which dismissed the petitioner's service appeal on the ground that, as an employee of an autonomous body, she was not a civil servant and the appeal was therefore incompetent. The core legal question is whether an employee of an autonomous medical institution proceeded against under special powers can approach the Service Tribunal. The Supreme Court held that under Section 10 of the N.-W.F.P. Removal From Service (Special Powers) Ordinance, 2000, read with relevant statutory provisions, the petitioner has a remedy before the Service Tribunal. Consequently, the Court allowed the appeal, set aside the Tribunal's order, and remanded the case for a decision on merits, establishing that employees governed by the specified special powers legislation are entitled to invoke the jurisdiction of the Service Tribunal.

  Questions settled

  • Whether an employee of an autonomous body proceeded against under the N.-W.F.P. Removal From Service (Special Powers) Ordinance, 2000 can file an appeal before the Service Tribunal?
  • Does Section 10 of the N.-W.F.P. Removal From Service (Special Powers) Ordinance, 2000 provide a right of appeal to the provincial Service Tribunal for persons aggrieved by final orders?
  • Are employees serving in the affairs of health institutions under the North-West Frontier Province Medical and Health Institutions Reforms Act, 1999 considered civil servants for the purpose of approaching the Service Tribunal?
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• Amir Hamza Versus Government of Balochistan2005 PLC(CS) 1201 · Supreme Court of Pakistan · 2005-04-21
  service tribunalregional quotarecruitment policycivil servantstatutory rulesdepartmental selection committeetyping testappointment
  Summary & questions settled

  This appeal arises from a judgment of the Balochistan Service Tribunal regarding the appointment of Assistants (B-11) in the Board of Revenue. The appellant, a Junior Clerk, challenged the direct appointment of private respondents on the ground that the selection violated regional quotas prescribed under government recruitment policies and that mandatory typing tests were not conducted as required by the Balochistan Board of Revenue Ministerial Service Rules, 1982. The Service Tribunal by a majority had dismissed the appellant's service appeal, holding that recruitment policies lacking formal inclusion in service rules do not carry statutory force. The Supreme Court granted leave and held that recruitment policies framed under Rule 14 of the Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 1979 possess statutory backing and must be strictly adhered to by government departments. However, considering that the respondents had served since 1998, the Court did not invalidate their appointments, noting that the parties reached a settlement whereby the appellant would be accommodated against a vacant Assistant post.

  Questions settled

  • Whether a government recruitment policy framed under service rules possesses statutory backing and must be adhered to by departments?
  • Does failure to conduct a mandatory typing test as prescribed by service rules vitiate an appointment?
  • Can a government department depart from regional and district quotas established for public employment?
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• Marghoob Ahmed Versus President, National Bank of Pakistan2005 PLC(CS) 1184 · Supreme Court of Pakistan · 2004-11-08
  limitationservice appealabatementmisconductdismissal from serviceService Tribunals Acttime-barred
  Summary & questions settled

  The petitioner, a former employee of the National Bank of Pakistan, sought leave to appeal against a Federal Service Tribunal judgment that dismissed his appeal against dismissal from service. The petitioner was dismissed in 1987 for alleged misconduct. Following a protracted legal history involving the Labour Court and the High Court, the petitioner eventually approached the Service Tribunal after the insertion of Section 2-A into the Service Tribunals Act, 1973. The core legal question was whether the petitioner's appeal before the Service Tribunal was barred by limitation, given the significant delay in filing and the failure to comply with the statutory abatement provisions. The Supreme Court upheld the Tribunal’s decision, holding that the appeal was hopelessly time-barred. The Court emphasized that the petitioner failed to invoke the Tribunal's jurisdiction within the 90-day period stipulated by Section 6 of the Service Tribunals Act, 1973, following the abatement of his pending constitutional petition. Consequently, the Court refused leave to appeal, affirming that unexplained, excessive delays in seeking legal remedies preclude judicial intervention.

  Questions settled

  • Does the failure to file an appeal within the 90-day period prescribed by Section 6 of the Service Tribunals Act, 1973, after the abatement of a pending constitutional petition, render the appeal time-barred?
  • Can a service appeal be entertained when the petitioner has failed to pursue departmental remedies or judicial redress for an excessive and unexplained period?
  • Does the insertion of Section 2-A into the Service Tribunals Act, 1973, require strict adherence to the limitation periods prescribed for filing appeals before the Tribunal?
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• Muhammad Zahoor Versus Registrar, Lahore High Court, Lahore2005 PLC(CS) 1155 · Supreme Court of Pakistan
  service tribunalresignation under coercioninvoluntary resignationreinstatementcivil servantleave to appeal
  Summary & questions settled

  This petition for leave to appeal arises from the Punjab Service Tribunal's dismissal of the petitioner's appeal concerning his resignation from service as a Naib Qasid. The core legal question is whether the petitioner's resignation from government service was tendered voluntarily or obtained under coercion and duress by the competent authority. The Supreme Court held that the resignation was not submitted voluntarily, considering attending circumstances such as the haste in accepting the resignation, the fact that it was not drafted by the petitioner, and the gross imbalance of power between the employee and the District and Sessions Judge. The Court laid down the principle that to determine the voluntariness of a resignation, courts must examine the totality of the circumstances and the conduct of the employer to ascertain whether it amounts to a wrongful dismissal or repudiation of the employment contract. Consequently, the appeal was allowed, and the petitioner was reinstated in service without back-benefits.

  Questions settled

  • Whether a resignation tendered by a civil servant can be treated as involuntary when obtained under threat and duress?
  • What is the correct test to determine whether a person has voluntarily resigned or has been compelled to resign?
  • Does the acceptance of a resignation without any request for immediate relief by a low-paid employee indicate a lack of voluntariness?
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• Abid Hassan Versus P.I.A.C.2005 PLC(CS) 1117 · Supreme Court of Pakistan · 2004-09-14
  service lawadministrative discretionstructuring discretiontraining policyseniorityarbitrary actionPIACequal treatment
  Summary & questions settled

  This matter arose from petitions for leave to appeal (converted into appeals) before the Supreme Court of Pakistan challenging a judgment of the Federal Service Tribunal, which had dismissed appeals against an order directing senior pilots of Pakistan International Airlines Corporation (PIAC) to attend Airbus-310 training instead of Boeing-777 transition training in the United States. The core legal question was whether PIAC exercised its administrative discretion arbitrarily, capriciously, and in violation of its own Training Policy and Flight Operation Manual by selecting junior pilots over senior officers without lawful justification. The Supreme Court allowed the appeals, set aside the Tribunal's judgment, and directed PIAC to nominate the appellants for the next Boeing-777 training batch in the USA. The Court held that statutory bodies and state functionaries cannot exercise discretionary power at their sweet-will or whim; administrative discretion must be structured, rationalized, fair, transparent, and exercised strictly in accordance with applicable rules, policies, and principles of non-discrimination.

  Questions settled

  • Can a state enterprise exercise administrative discretion in violation of its own established training policy?
  • Whether senior officers can be bypassed for specialized career training without reasonable justification?
  • Does the arbitrary exercise of discretionary power by a public body violate the principle of equality under the law?
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• Director-General, National Savings, Islamabad Versus Rahat Ali Sherwani, Assistant Director, National Savings, Islamabad2005 PLC(CS) 1110 · Supreme Court of Pakistan · 2004-10-04
  service tribunalpromotiondefermentsupersessionsenioritydepartmental promotion committeecivil servant
  Summary & questions settled

  This petition seeks leave to appeal against the judgment of the Federal Service Tribunal, which accepted the respondent civil servant's appeal regarding the ante-dataton of his promotion and seniority. The core legal question revolves around whether the respondent's repeated deferment and supersession for promotion by the Departmental Promotion Committee were justified under the applicable rules and guidelines, and whether his seniority should be reckoned from the date his junior was promoted. The Supreme Court held that the Tribunal's judgment was in accordance with law and that the respondent's supersession and deferments lacked legal basis since the disciplinary penalties against him were set aside and grounds for deferment were not legally sustainable. The Court affirmed that while consideration for promotion falls within the domain of the Departmental Promotion Committee and the competent authority, it must strictly conform to the law and established rules.

  Questions settled

  • Whether the Departmental Promotion Committee can defer the promotion of a civil servant on grounds other than those provided in the established guidelines?
  • Does a service tribunal have jurisdiction to entertain an appeal relating to the determination of fitness for promotion?
  • When should a civil servant's seniority be reckoned if his promotion was unlawfully delayed or deferred?
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• Muhammad Wasay Tareen Versus Chief Justice of Balochistan2005 PLC(CS) 1085 · Supreme Court of Pakistan · 2004-12-01
  ad hoc appointmentservice tribunaljudicial servicenon-extension of servicetransfer of appealpermanent statuscivil servant
  Summary & questions settled

  The petitioner, an ad hoc District and Sessions Judge, challenged the non-extension of his service by the High Court of Balochistan and the subsequent dismissal of his service appeal by the Balochistan Subordinate Judiciary Service Tribunal. The core legal questions were whether an ad hoc appointee acquires permanent status through the efflux of time or completion of a probation period, and whether the Chief Justice of the High Court, acting as Chairman of the Tribunal, possessed the authority to withdraw an appeal from one Bench for re-hearing by another. The Supreme Court held that ad hoc appointments, by definition, do not confer rights to permanent status, seniority, or continuous employment, and such service ceases upon the expiry of the appointment term. Furthermore, the Court affirmed that the Chairman of the Tribunal holds statutory power to transfer pending appeals between Benches. The key principle laid down is that ad hoc service does not ipso facto convert into permanent employment, and such appointees have no legal right to insist on the continuation of their service beyond the stipulated term.

  Questions settled

  • Does an ad hoc appointment automatically convert into a permanent appointment after the completion of two years of service?
  • Can an ad hoc appointee claim a right to the continuation of service beyond the term specified in the appointment notification?
  • Does the Chairman of the Balochistan Subordinate Judiciary Service Tribunal have the authority to withdraw an appeal from one Bench and entrust it to another?
  • Is an ad hoc appointment equivalent to an appointment on probation?
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• Government of Sindh Versus Abdul Jabbar2004 PLC(CS) 99 · Supreme Court of Pakistan
  civil petition for leave to appealpublic appointmentselection committeelegitimate expectationpolitical pressuresub-inspector of police
  Summary & questions settled

  This civil petition for leave to appeal arises from a judgment of the High Court of Sindh, which allowed constitutional petitions filed by respondents and directed the issuance of appointment letters for the posts of Sub-Inspector of Police. The respondents had applied pursuant to a newspaper advertisement, successfully qualified the written test, and were recommended by the Selection Committee for Nawabshah District. However, appointments were diverted to other persons under political pressure and higher authorities' directions, bypassing established rules and procedures. The core legal question concerned whether candidates recommended on merit by a selection committee could be arbitrarily deprived of appointments through extraneous political interference. The Supreme Court dismissed the petition, holding that appointments made outside prescribed rules under external pressure cannot sustain, particularly when similarly situated candidates had already been granted relief in prior judgments of the Court. The key principle laid down is that qualified candidates possessing a legitimate expectation for public employment based on selection committee recommendations cannot be unlawfully superseded by political influence.

  Questions settled

  • Whether candidates recommended by a Selection Committee can be denied appointment on the basis of directions from higher authorities?
  • Does a candidate qualifying a written test and interview acquire a legitimate expectation for appointment?
  • Whether the Supreme Court will interfere with a High Court judgment setting aside appointments made in violation of rules and procedure?
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• Ghulam Hussain Versus Union Council Khokhrapar2004 PLC(CS) 902 · Supreme Court of Pakistan · 2004-03-03
  leave to appealconstitutional jurisdictionpending petitionvote of no confidenceinterim reliefsupreme court jurisdiction
  Summary & questions settled

  This matter arises from a petition filed under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, seeking leave to appeal against the alleged failure of the High Court of Sindh to decide or grant interim relief in a pending Constitutional petition challenging a resolution and notification of no confidence passed against the petitioner as Naib Nazim/Member of Union Council Khokhrapar. The core legal question was whether a petition for leave to appeal is maintainable against the mere pendency or inaction of the High Court where no final judgment, decree, order, or sentence has been rendered. The Supreme Court held that under Article 185(3), a petition for leave to appeal is maintainable only against a judgment, decree, order, or sentence of the High Court, and no substantial question of public importance under Article 212(3) was made out. Consequently, the Supreme Court dismissed the petition and refused leave to appeal. The key principle laid down is that the Supreme Court's appellate jurisdiction under Article 185(3) cannot be invoked against procedural delay or mere pendency of a matter before the High Court in the absence of an adjudicatory order.

  Questions settled

  • Is a petition for leave to appeal maintainable under Article 185(3) of the Constitution against the mere pendency or delay of a case in the High Court?
  • Does the failure of the High Court to grant or refuse interim relief constitute an order appealable under Article 185(3) of the Constitution?
  • What constitutes a maintainable judgment, decree, order, or sentence under Article 185(3) of the Constitution of Pakistan?
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• Syed Imam Shah Versus Government of N.-W.F.P.2004 PLC(CS) 866 · Supreme Court of Pakistan
  service lawuniversity recruitmentpractice vs rulestatutory interpretationadministrative discretionpromotion vs direct recruitment
  Summary & questions settled

  This petition for leave to appeal challenged a Peshawar High Court judgment concerning the recruitment of Superintendents at the University of Peshawar. The petitioners contended that the University's notification for direct recruitment, which deviated from a long-standing practice of filling vacancies through promotion, was illegal because it lacked the Chancellor's prior approval. The core legal questions were whether a prevalent practice could attain the status of a binding rule and whether the University was legally obligated to follow such practice over direct recruitment. The Court held that "practice" and "rule" are distinct concepts; a practice, characterized by custom and usage, does not equate to a statutory rule and cannot restrict the appointing authority's power to make direct appointments on merit. The Court affirmed that the University's governing statutes did not mandate promotion over direct recruitment, and the Vice-Chancellor acted within their authority. The key principle laid down is that a mere practice, regardless of its duration, does not constitute a binding rule and cannot override statutory provisions or the discretion of the competent authority to determine recruitment methods.

  Questions settled

  • Can a long-standing administrative practice acquire the status of a binding statutory rule?
  • Does the term 'practice' in administrative law imply a legally enforceable right to promotion?
  • Is the prior approval of the Chancellor required for changing the method of recruitment if no new statute is enacted?
  • Does the Vice-Chancellor have the authority to initiate direct recruitment for university posts under the University of Peshawar Act 1974?
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• Pakistan International Airlines Corporation Versus Shahzad Farooq Malik2004 PLC(CS) 82 · Supreme Court of Pakistan · 2003-04-15
  Locus PoenitentiaeService terminationIrregular appointmentVested rightsPIACService lawConstitutional equality
  Summary & questions settled

  This matter concerns civil petitions filed by Pakistan International Airlines Corporation (PIAC) challenging the Federal Service Tribunal's decision to reinstate employees whose services were terminated due to alleged irregularities in their initial recruitment. The core legal question was whether PIAC, having itself violated recruitment rules to appoint these individuals, could subsequently terminate them on the ground of irregular appointment after they had been confirmed in service. The Supreme Court dismissed the petitions, upholding the Tribunal's decision. The Court held that an employer cannot unilaterally terminate confirmed employees based on its own procedural irregularities in the hiring process, particularly when no misconduct is alleged. The judgment affirmed the doctrine of locus poenitentiae, establishing that once an appointment takes legal effect and creates vested rights, such as confirmation in service, the authority cannot rescind the order. Furthermore, the Court emphasized that authorities must adhere to their own rules and that discriminatory treatment of employees violates the constitutional guarantee of equality. The Court criticized the practice of management blaming appointees for procedural lapses caused by the management itself.

  Questions settled

  • Can an employer terminate an employee on the ground of irregular appointment after the employee has been confirmed in service?
  • Does the doctrine of locus poenitentiae prevent an authority from rescinding an appointment order that has already taken legal effect?
  • Can an employer rely on its own violation of recruitment rules to justify the termination of an employee?
  • Does the termination of employees while retaining others similarly appointed constitute a violation of the constitutional right to equality?
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• Syed Muhammad Iqbal Jafri Versus Registrar, Lahore High, Court, Lahore2004 PLC(CS) 809 · Supreme Court of Pakistan · 2003-12-01
  departmental inquirycriminal acquittaldouble jeopardyjudicial officermisconductdismissal from servicecivil service
  Summary & questions settled

  This petition for leave to appeal was filed by a former Civil Judge against the judgment of the Punjab Subordinate Judiciary Service Tribunal, which had dismissed his appeal against his dismissal from service. The petitioner was arrested in the United Kingdom for heroin smuggling, convicted by a trial court, but subsequently acquitted on appeal. Following his acquittal and reinstatement, the departmental authority initiated fresh disciplinary proceedings on charges of corruption, misconduct, and bringing disrepute to the judiciary. The petitioner contended that the subsequent departmental inquiry on the same facts amounted to double jeopardy under Article 13 of the Constitution. The Supreme Court of Pakistan held that departmental disciplinary proceedings are distinct from criminal trials, as they enforce service discipline rather than criminal liability. Consequently, a criminal acquittal does not bar departmental action. Finding no illegality or misreading of evidence, the Supreme Court dismissed the petition and refused leave to appeal.

  Questions settled

  • Does a departmental inquiry following a criminal acquittal on the same facts violate the constitutional protection against double jeopardy under Article 13 of the Constitution?
  • Are departmental disciplinary proceedings and criminal trials co-extensive or independent of each other?
  • Can a civil servant be departmentally dismissed based on conduct that led to a foreign criminal trial, notwithstanding their subsequent acquittal on appeal?
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• Muhammad Zahoor Abbasi Versus Government of the Punjab2004 PLC(CS) 805 · Supreme Court of Pakistan · 2003-10-09
  pensionultra virescivil servantwithholding of pensionservice lawmisconductpension rules
  Summary & questions settled

  The petitioner, a retired civil servant, challenged a penalty imposed by the Education Department withholding a portion of his pension, which was subsequently reduced by the Punjab Service Tribunal. The core legal question was whether Rule 1.8(a) of the Punjab Civil Services Pension Rules, 1963, is ultra vires Section 18 of the Punjab Civil Servants Act, 1974, on the grounds that it permits pension withholding beyond the specific instances of dismissal or removal mentioned in the Act. The Supreme Court held that the rule is not ultra vires. The Court reasoned that Section 18(1) of the Act makes the right to pension subject to being 'prescribed,' and Rule 1.8(a) serves as a valid regulatory mechanism to ensure good conduct. The Court affirmed that a civil servant's entitlement to pension is contingent upon good conduct during service. Finding that the factual findings regarding the petitioner's misconduct were finalized by the Tribunal and that the petitioner had already received substantial relief, the Court refused leave to appeal.

  Questions settled

  • Is Rule 1.8(a) of the Punjab Civil Services Pension Rules, 1963, ultra vires Section 18 of the Punjab Civil Servants Act, 1974?
  • Does Section 18 of the Punjab Civil Servants Act, 1974, restrict the withholding of pension solely to cases of dismissal or removal from service?
  • Is the right to receive a pension under the Punjab Civil Servants Act, 1974, an absolute right or is it subject to prescribed conditions?
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• Arshad Jamal Versus N.-W.F.P. Forest Development Corporation2004 PLC(CS) 802 · Supreme Court of Pakistan · 2003-12-04
  constitutional petitionmaster and servantright of hearingaudi alteram partemtermination of servicecorporation employee
  Summary & questions settled

  This appeal by leave of the court is directed against the judgment of the Peshawar High Court dismissing the appellant's Constitutional petition against the termination of his services as Assistant Manager (Administration) in the North-West Frontier Province Forest Development Corporation. The core legal question was whether a Constitutional petition is maintainable and whether an employee whose appointment is challenged as void ab initio is entitled to a hearing before removal, even in the absence of statutory rules. The Supreme Court held that where a removal order is passed on grounds that are in the nature of charges, the employee has a vested right of hearing under the principle of audi alteram partem. The Court ruled that the removal order passed without a show-cause notice and opportunity of hearing was illegal, setting it aside while permitting the Corporation to proceed afresh in accordance with law.

  Questions settled

  • Whether an employee of a statutory corporation whose services are terminated on grounds amounting to charges is entitled to a hearing under the principle of audi alteram partem in the absence of statutory rules?
  • Does a removal order passed on the basis that an appointment was illegal and void ab initio require a prior show-cause notice and an opportunity of hearing?
  • Can a constitutional petition be maintained against the removal of a corporate employee when the termination order is founded on allegations of illegality?
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• Habib Bank Limited Versus Mahmood Ali Khan2004 PLC(CS) 796 · Supreme Court of Pakistan · 2003-10-27
  service appealdisciplinary proceedingsreinstatementde novo inquirynatural justicepersonal hearingmisconductRemoval from Service (Special Powers) Ordinance
  Summary & questions settled

  This matter concerns six civil petitions for leave to appeal against a common order passed by the Federal Service Tribunal, which set aside the dismissal orders of several Habib Bank Limited employees and directed their reinstatement, pending de novo disciplinary proceedings under the Removal from Service (Special Powers) Ordinance, 2000. The employees had been charged with fraud and misappropriation, leading to domestic inquiries and subsequent termination. The core legal questions involve whether the Removal from Service (Special Powers) Ordinance, 2000 requires a personal hearing before a final decision is reached, despite the provision of a charge sheet and show-cause notice, and whether the Tribunal erred in ordering reinstatement and de novo proceedings when misconduct was allegedly proven. The Supreme Court noted the absence of authoritative precedent regarding these specific points under the Ordinance. Consequently, the Court granted leave to appeal to address these significant legal issues, while directing the Bank to reinstate the employees in accordance with the Tribunal's judgment pending the final outcome of the appeals.

  Questions settled

  • Does the Removal from Service (Special Powers) Ordinance, 2000 require a personal hearing before a final order of dismissal is passed?
  • Can the Federal Service Tribunal order reinstatement and de novo disciplinary proceedings when misconduct has been established in a domestic inquiry?
  • Is a dismissal order invalid if passed by an incompetent authority under the Removal from Service (Special Powers) Ordinance, 2000?
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• Muhammad Rasheed, Stenographer Versus Government of Pakistan, Ministry of Commerce, National Tariff Commission Muhammad Zaman Bhatti2004 PLC(CS) 792 · Supreme Court of Pakistan
  service tribunalleave to appealpension benefitsattached departmentcivil servants
  Summary & questions settled

  This matter arises from civil petitions directed against the judgment of the Federal Service Tribunal Islamabad. The core legal question involves whether the employees of the National Tariff Commission are entitled to benefits such as pension and G.P. Fund, similar to employees of other bodies, based on the contention that the Commission is an attached department of the Ministry of Commerce rather than a corporate body, and whether the Tribunal erred in not following its earlier view. The court held that the points raised by the learned counsel require consideration. Consequently, the Supreme Court granted leave to appeal in all the petitions to examine the matter further.

  Questions settled

  • Are employees of the National Tariff Commission entitled to pension and G.P. Fund benefits?
  • Is the National Tariff Commission an attached department of the Ministry of Commerce or a corporate body?
  • Whether the Federal Service Tribunal was bound by its earlier findings regarding the status of the National Tariff Commission?
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• House Building Finance Corporation Versus Shahid Hassan Khan2004 PLC(CS) 789 · Supreme Court of Pakistan
  service lawdisciplinary proceedingscompulsory retirementmisconductproportionality of penaltyService Tribunal jurisdictiondismissal from service
  Summary & questions settled

  This matter concerns a petition for leave to appeal against a judgment of the Federal Service Tribunal, which had modified the respondent's penalty of dismissal from service to compulsory retirement. The respondent, a long-serving employee of the House Building Finance Corporation, was dismissed following allegations of misconduct involving false site inspection reports in investment cases, which purportedly caused financial loss to the Corporation. The core legal question was whether the Tribunal acted within its jurisdiction in modifying the disciplinary penalty and whether the dismissal was disproportionate given the respondent's length of service and the treatment of similarly situated employees. The Supreme Court upheld the Tribunal's decision, holding that the modification of the penalty was based on sound reasoning and consistent with precedents involving similar facts. The Court affirmed that the Tribunal possesses the authority under the Service Tribunals Act, 1973, to substitute a penalty. The key principle laid down is that while disciplinary authorities have discretion in imposing penalties, such penalties must not be disproportionately harsh, and tribunals may intervene to modify them, especially when long service records are involved or to ensure consistency with similar cases.

  Questions settled

  • Does the Federal Service Tribunal have the authority to modify a penalty of dismissal to compulsory retirement?
  • Is a penalty of dismissal from service considered disproportionately harsh for an employee with 32 years of service?
  • Can a Service Tribunal interfere with a disciplinary penalty imposed by an employer if the punishment is found to be excessive?
  Read full judgment →
• Fauzia Siddique Qureshi Versus Secretary, Ministry of Education, Islamabad2004 PLC(CS) 781 · Supreme Court of Pakistan · 2003-10-07
  service matterwillful absenceexclusive jurisdictionconcurrent finding of factintra-court appeallimitationtermination of service
  Summary & questions settled

  This matter concerns petitions for leave to appeal against judgments of the Federal Service Tribunal and the Lahore High Court, which dismissed the petitioner's challenges regarding her termination from service due to willful absence. The core legal questions were whether the termination order was valid despite the petitioner's claim that her representation remained undecided, and whether the High Court correctly dismissed an Intra-Court Appeal on grounds of limitation and lack of jurisdiction. The Supreme Court held that the department's finding of willful absence, affirmed by the Service Tribunal, was a concurrent finding of fact that the Court would not interfere with absent sufficient justification. Furthermore, the Court affirmed that under Article 212 of the Constitution, the Service Tribunal possesses exclusive jurisdiction over service matters, thereby ousting the jurisdiction of the High Court. The Court established that once a Service Tribunal is established, no other court has jurisdiction over matters covered by the Service Tribunals Act, 1973. Consequently, the petitions were dismissed as lacking merit, and leave to appeal was refused.

  Questions settled

  • Does the Supreme Court interfere with concurrent findings of fact made by a Departmental Authority and a Service Tribunal?
  • Does the High Court have jurisdiction to entertain service matters once a Service Tribunal has been established under Article 212 of the Constitution?
  • Is a competent authority legally bound to dispose of successive representations regarding a termination order?
  Read full judgment →
• Ghulam Yasin Versus Inspector-General of Police Punjab, Lahore2004 PLC(CS) 755 · Supreme Court of Pakistan
  departmental proceedingsacquittal in criminal casedouble jeopardyservice tribunalcompulsory retirementpolice discipline
  Summary & questions settled

  The petitioner was dismissed from service following disciplinary proceedings under the Punjab Police (Efficiency and Discipline) Rules, 1975, for inefficiency and misconduct. After exhausting departmental remedies, the petitioner appealed to the Punjab Service Tribunal, which partly accepted the appeal by converting the penalty of dismissal to compulsory retirement. The petitioner sought leave to appeal before the Supreme Court, contending that his acquittal in a related criminal case under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 barred subsequent departmental proceedings, amounting to double jeopardy. The core legal question was whether acquittal in a criminal charge bars departmental proceedings on the same facts. The Supreme Court held that the objects of criminal prosecution and departmental proceedings are entirely different, and an acquittal in a criminal case does not constitute a bar to disciplinary action or have a direct bearing on service discipline. The key principle laid down is that criminal acquittal does not bar departmental proceedings.

  Questions settled

  • Does an acquittal in a criminal case bar the initiation or continuation of departmental proceedings on the same grounds?
  • Are the objects of prosecution on a criminal charge and departmental proceedings distinct?
  • Will a finding of fact by the Service Tribunal regarding willful absence be interfered with by the Supreme Court in the absence of a substantial question of law?
  Read full judgment →
• Muhammad Akram Versus Abdul Ghafoor2004 PLC(CS) 740 · Supreme Court of Pakistan
  service appealremand of casepowers of service tribunalpetitions for leave to appealspeaking order
  Summary & questions settled

  These petitions for leave to appeal are directed against a common judgment of the Punjab Service Tribunal, Lahore, which accepted service appeals and remanded the matters to initiate fresh proceedings against the petitioners through show-cause notices and proper hearings. The core legal question addressed is whether the Service Tribunal has the power to remand a service matter to the competent authority. The Supreme Court held that the Service Tribunal, acting as an appellate forum, possesses the jurisdiction to confirm, set aside, modify, or remand the impugned order subject to lawful justification. The court laid down the principle that Service Tribunals are legally empowered to remand service matters for fresh proceedings in accordance with the law and established precedents, ensuring that natural justice is upheld through proper hearings and speaking orders.

  Questions settled

  • Whether the Service Tribunal is empowered to remand a service matter to the competent authority?
  • Does the Service Tribunal have the jurisdiction to set aside, modify, or remand an impugned order?
  • Is a question of law of public importance required to grant leave under Article 212(3) of the Constitution?
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• Shabbir Ahmed Versus Deputy Director (Admn), Directorate of Education (SE), Bahawalpur2004 PLC(CS) 687 · Supreme Court of Pakistan · 2003-04-28
  service terminationmerit-based appointmentdisciplinary proceedingspolitical influenceservice tribunalcivil servantleave to appeal
  Summary & questions settled

  This petition for leave to appeal arose from the termination of the petitioner's services as an SV teacher, which followed disciplinary proceedings under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. The petitioner challenged the Service Tribunal's decision to uphold his dismissal, arguing that he possessed the requisite qualifications and that his appointment was regular, alleging discrimination compared to others whose irregular appointments were regularized. The core legal question was whether the petitioner's appointment was validly made according to merit and prescribed procedure. Upon review, the Supreme Court found that the petitioner, ranked 42nd on the merit list, had secured his appointment for one of only ten available vacancies through political influence and collusion, thereby usurping the rights of more meritorious candidates. The Court held that the appointment was fundamentally flawed and violated merit-based selection procedures. Consequently, the Court dismissed the petition, affirming that appointments obtained through manipulation and in violation of merit do not warrant judicial interference, as no injustice occurred and no question of law of public importance was raised.

  Questions settled

  • Can a civil servant claim protection against termination if their initial appointment was secured through political influence in violation of merit?
  • Does the regularization of other irregular appointments entitle a candidate to claim discrimination if their own appointment was also merit-violative?
  • Is a petition for leave to appeal maintainable where the underlying grievance involves a factual determination of merit position rather than a question of law of public importance?
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• Muhammad Qasim Versus Inspector-General of Police, Punjab2004 PLC(CS) 648 · Supreme Court of Pakistan
  service lawreduction in rankdepartmental inquirypolice disciplineleave to appealservice tribunalsubstantial question of law
  Summary & questions settled

  This petition for leave to appeal challenged a judgment of the Punjab Service Tribunal, which upheld the departmental reduction in rank of the petitioner, a Police Inspector, from Inspector to Sub-Inspector. The petitioner had been penalized for failing to arrest accused individuals involved in a criminal case registered under various sections of the Pakistan Penal Code. The petitioner contended that the departmental orders were arbitrary, illegal, and that the punishment was excessively harsh. The Supreme Court reviewed the proceedings and found that the department had followed due process, including providing a show-cause notice and a personal hearing, and that the petitioner was found guilty of lethargy and sluggishness during the inquiry. Furthermore, the Court noted that the departmental appeal was time-barred. The Supreme Court held that the Tribunal's judgment was well-reasoned, based on a proper appreciation of the material, and free from legal error. Additionally, the Court determined that the case did not involve a substantial question of general public importance under the Constitution. Consequently, the petition was dismissed, and leave to appeal was declined.

  Questions settled

  • Can a service tribunal's decision regarding departmental disciplinary action be challenged in the Supreme Court without a substantial question of general public importance?
  • Is a departmental order of reduction in rank valid if the employee was provided with a show-cause notice and an opportunity for personal hearing?
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• Syed Ali Shah Bukhari Versus Chief Secretary, Government of Punjab, Lahore2004 PLC(CS) 55 · Supreme Court of Pakistan · 2003-09-25
  compulsory retirementmisconductbriberydouble jeopardyservice tribunalanti-corruptionremoval from service
  Summary & questions settled

  This civil petition for leave to appeal arises from a judgment of the Punjab Service Tribunal which dismissed the petitioner's appeal and maintained his compulsory retirement from service. The petitioner, a Deputy District Attorney, faced an inquiry under the Punjab Removal from Service (Special Powers) Ordinance, 2000, on allegations of taking a bribe in the name of a judicial officer for procuring the acquittal of an accused in a murder case. The competent authority imposed the penalty of compulsory retirement, which was upheld by the Chief Secretary and subsequently by the Service Tribunal. The core legal questions involved whether a prior dropped inquiry by the Anti-Corruption Establishment barred subsequent disciplinary proceedings under the principle of double jeopardy, and whether the inquiry was legally sustainable. The Supreme Court held that the earlier anti-corruption proceedings did not constitute a bar or attract the rule of double jeopardy since they were independent and did not result in a final finding of non-guilt by the competent disciplinary authority. The petition was accordingly dismissed, affirming the validity of the disciplinary proceedings and the penalty imposed.

  Questions settled

  • Whether prior proceedings dropped by the Anti-Corruption Establishment bar subsequent disciplinary proceedings under the Punjab Removal from Service (Special Powers) Ordinance, 2000 on the principle of double jeopardy?
  • Can a departmental inquiry be initiated under the Punjab Removal from Service (Special Powers) Ordinance, 2000 after an earlier investigation by a separate agency was dropped?
  • Does taking a bribe in the name of a judicial officer constitute misconduct warranting disciplinary action?
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• Secretary Health, Government of Punjab Versus Dr. Shahzad Ali Bukhari2004 PLC(CS) 483 · Supreme Court of Pakistan · 2003-06-11
  unauthorized absencedisciplinary proceedingslimitation periodservice appealcivil servantdepartmental representationminor penalty
  Summary & questions settled

  This petition by the Government of Punjab challenged a judgment by the Punjab Service Tribunal which had set aside a disciplinary penalty imposed on a civil servant for unauthorized absence. The core legal questions were whether a formal inquiry involving cross-examination is necessary when the misconduct is admitted, and whether an appeal filed six years after the penalty is maintainable. The Supreme Court allowed the government's appeal, setting aside the Tribunal's decision. The Court held that where a civil servant admits to being absent without leave, a detailed inquiry is not required as the facts are not in dispute. Furthermore, the Court ruled that the respondent's appeal before the Tribunal was hopelessly barred by limitation, as it was filed six years after the penalty without evidence of a timely departmental representation or exhaustion of legal remedies. Consequently, the Tribunal erred in both its procedural assessment and its failure to address the statutory limitation period, rendering the appeal non-maintainable.

  Questions settled

  • Does an admission of unauthorized absence by a civil servant dispense with the requirement for a formal inquiry and cross-examination of witnesses?
  • Is a service appeal maintainable when filed six years after the imposition of a disciplinary penalty without proof of a timely departmental appeal?
  • Can a Service Tribunal set aside a disciplinary penalty on the ground of procedural deficiency when the underlying facts are admitted by the civil servant?
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• WAPDA Versus M.M. Chandio, Ex-Chief Engineer, WAPDA2004 PLC(CS) 47 · Supreme Court of Pakistan · 2003-05-27
  revisional authoritymajor penaltyremoval from serviceexonerationpersonal hearingservice tribunalcivil petition
  Summary & questions settled

  This civil petition for leave to appeal is directed against the judgment of the Federal Service Tribunal whereby the appeal filed by the respondent, an ex-Chief Engineer of WAPDA, against his removal from service was allowed. The respondent was initially exonerated of charges by the Managing Director, but the petitioners subsequently invoked revisional authority under the Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978, to set aside the exoneration and impose a major penalty of removal from service. The core legal question was whether the respondent was afforded a proper opportunity of personal hearing and whether grounds for taking adverse action were communicated prior to the imposition of the major penalty. The Supreme Court held that the Federal Service Tribunal rightly found that no personal hearing was granted to the respondent at the crucial stage when the case was re-examined and the exoneration reversed, and that the show-cause notice failed to disclose the grounds for the major penalty. The petition was dismissed as no substantial question of law of public importance was involved, upholding the principle that natural justice mandates adequate notice and personal hearing before reversing an exoneration to impose a major penalty.

  Questions settled

  • Whether personal hearing is mandatory before reversing an order of exoneration and imposing a major penalty under the Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978?
  • Does a show-cause notice issued under Rule 12 of the Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978 require the disclosure of grounds for imposing a major penalty?
  • Can a revisional authority set aside an exoneration order without affording the employee an opportunity of defense against the proposed adverse action?
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• Muhammad Zakir Khan Versus Government of Sindh2004 PLC(CS) 420 · Supreme Court of Pakistan · 2003-12-10
  civil service seniorityappointment by transferlocus poenitentiaelimitation periodservice tribunalstatutory bodyvested right
  Summary & questions settled

  This petition under Article 212 of the Constitution of Pakistan 1973 concerns the seniority of a petitioner transferred from the Karachi Development Authority to the Education Department, Government of Sindh. The core legal question is whether the petitioner was entitled to the protection of his past service for seniority purposes under Rule 12(a) of the Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, upon his appointment by transfer, and whether the subsequent withdrawal of this seniority was lawful. The Supreme Court held that the petitioner, having been transferred from a statutory body, was not a civil servant entitled to the automatic application of Rule 12(a) without following mandatory selection procedures, including the recommendation of the Departmental Promotion Committee. The Court affirmed that seniority is not a vested right and that the principle of locus poenitentiae does not protect an appointment secured without proper legal authorization. Furthermore, the Court upheld the Service Tribunal's finding that the appeal was barred by limitation, as repeated departmental representations do not extend the statutory period for filing an appeal.

  Questions settled

  • Does the principle of locus poenitentiae protect a civil servant against the withdrawal of a seniority benefit that was granted without legal authority?
  • Does the filing of repeated departmental representations extend the limitation period for filing a service appeal before the Service Tribunal?
  • Is seniority a vested right for civil servants under the Sindh Civil Servants Act 1973?
  • Can a person transferred from a statutory body to a government department automatically claim seniority protection under Rule 12(a) of the Sindh Civil Servants (Probation, Confirmation and Seniority) Rules 1975?
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• Zi.a-Ul-Islam Hashmi Versus Deputy Inspector2004 PLC(CS) 407 · Supreme Court of Pakistan · 2003-01-02
  compulsory retirementdepartmental enquirymisconductservice appealpolice disciplinemajor penaltyservice tribunal
  Summary & questions settled

  The petitioner, a Police Inspector, sought leave to appeal against a judgment of the Punjab Service Tribunal which upheld his compulsory retirement from service. The petitioner was penalized for grave misconduct involving the possession and use of a stolen or custom-evaded vehicle bearing a fake registration number and unauthorized police signals. The core legal question was whether the departmental authority was justified in imposing a major penalty of compulsory retirement without conducting a formal regular enquiry, and whether the Tribunal's findings on the facts were sustainable. The Supreme Court dismissed the petition, holding that the departmental authority acted within its powers under the Punjab Police (Efficiency and Discipline) Rules, 1975, as the specific circumstances of the case rendered a regular enquiry unnecessary. The Court affirmed that the Tribunal's findings of fact regarding the petitioner's involvement with the illicit vehicle were sound and free from mala fide. The key principle laid down is that where the facts and circumstances of a disciplinary case are clear and established, the requirement for a regular enquiry may be dispensed with by the competent authority.

  Questions settled

  • Is a regular departmental enquiry mandatory in every case of misconduct before imposing a major penalty under the Punjab Police (Efficiency and Discipline) Rules 1975?
  • Does the Supreme Court have jurisdiction to interfere with findings of fact recorded by a Service Tribunal under Article 212(3) of the Constitution of Pakistan 1973?
  • Can a police officer be compulsorily retired for the possession and use of a vehicle with a fake registration number?
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• Mst. Samina Nazeer Versus District Education Officer (W)2004 PLC(CS) 371 · Supreme Court of Pakistan · 2003-05-14
  civil servicetermination of servicedisciplinary proceedingsregular inquirycompetent authorityservice tribunalleave to appeal
  Summary & questions settled

  This petition for leave to appeal challenged a judgment of the Punjab Service Tribunal, which upheld the termination of the petitioner's services as a civil servant. The petitioner's services were terminated following disciplinary action regarding allegations of an unsigned joining report, a doubtful relinquishment report, and a fake transfer order. The core legal question was whether the termination of services was unlawful due to the absence of a regular departmental inquiry into the allegations. The Supreme Court held that the Service Tribunal correctly determined that the petitioner's name was not on the merit list and that the appointment and joining documents were fabricated. The Court affirmed that a regular inquiry is not mandatory in every instance, as the Competent Authority possesses the discretion to dispense with such an inquiry under the relevant rules when allegations are substantiated by documentary evidence. Consequently, the Court found no question of law of public importance warranting interference, dismissed the petition, and refused leave to appeal.

  Questions settled

  • Can the Competent Authority dispense with a regular inquiry under the Punjab Civil Servants (Efficiency and Discipline) Rules 1975?
  • Is a regular inquiry mandatory to terminate a civil servant's services when allegations are proven by documentary evidence?
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• Pakistan International Airlines Corporation Versus Ms. Shaista Naheed2004 PLC(CS) 344 · Supreme Court of Pakistan · 2003-11-03
  service appealmisconductsecond inquiryreinstatementback benefitsremoval from servicenatural justice
  Summary & questions settled

  This matter arises from a petition for leave to appeal filed by Pakistan International Airlines Corporation against the judgment of the Federal Service Tribunal, which had reinstated an Airhostess into service with back benefits. The respondent was initially proceeded against under the PIAC Employees (Service and Discipline) Regulations, 1985 and exonerated by the inquiry officer, but the competent authority ordered a second inquiry under the Removal From Service (Special Powers) Ordinance, 2000, resulting in her dismissal. The core legal questions involved the legality of initiating a second inquiry after exoneration in the first inquiry, and whether the dismissal under the Ordinance of 2000 was justified. The Supreme Court held that initiating a second inquiry upon the failure of the first inquiry was unjustified, as the petitioner was bent upon removing the respondent from service. The Court affirmed the Tribunal's judgment, finding no misreading or non-reading of evidence, and dismissed the appeal along with noting that no question of general public importance under the Constitution was involved.

  Questions settled

  • Can a competent authority initiate a second departmental inquiry against an employee under a different law after the employee has been exonerated in the first inquiry?
  • Whether the initiation of a fresh inquiry under the Removal From Service (Special Powers) Ordinance, 2000 after the failure of the initial inquiry under service regulations is legally justified?
  • Does the imposition of a major penalty like dismissal from service require a proper and regular inquiry complying with the principles of natural justice?
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• Federation of Pakistan Versus Noor Jamal2004 PLC(CS) 328 · Supreme Court of Pakistan · 2003-10-20
  reinstatementcivil servicemajor penaltyregular inquirynatural justiceinefficiencydepartmental inquiry
  Summary & questions settled

  This appeal, brought with leave of the Court, was directed against the judgment of the Federal Service Tribunal which had accepted the respondent's appeal and reinstated him in service with all consequential benefits. The respondent, an Executive Engineer, was dismissed from service on charges of inefficiency and financial irregularity for spending in excess of allocated funds under a development programme. The respondent contended that no regular inquiry was conducted, no witnesses were examined, and the proceedings violated the principles of natural justice. The Supreme Court of Pakistan observed that for the imposition of a major penalty, a proper and regular inquiry must be conducted in accordance with Rule 6 of the Government Servants (Efficiency and Discipline) Rules 1973, which includes providing the delinquent officer an opportunity of defence and a personal hearing. Conducting an inquiry merely by way of a questionnaire without examining witnesses does not satisfy the statutory requirements. Finding no merit in the appeal, the Supreme Court upheld the Tribunal's decision and dismissed the appeal.

  Questions settled

  • Whether a major penalty of dismissal from service can be imposed on a civil servant without conducting a regular inquiry under Rule 6 of the Government Servants (Efficiency and Discipline) Rules 1973?
  • Does an inquiry conducted solely by way of a questionnaire, without examining witnesses in support of the charge or defence, satisfy the requirements of a proper departmental inquiry?
  • Can a civil servant be penalized with dismissal where the inquiry proceedings violate the principles of natural justice by denying the opportunity of defence and personal hearing?
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• Federation of Pakistan through Secretary, Establishment Division Versus Noor Jamal, Ex-Executive Engineer2004 PLC(CS) 312 · Supreme Court of Pakistan · 2003-10-20
  civil servicereinstatementdismissal from servicemajor penaltyregular inquirynatural justicedisciplinary proceedings
  Summary & questions settled

  This civil appeal by leave was filed by the Federation of Pakistan against a judgment of the Federal Service Tribunal, which had reinstated the respondent, a former Executive Engineer, into service after he was dismissed on charges of inefficiency and financial irregularity. The central legal issue was whether the major penalty of dismissal from service could be lawfully sustained where the disciplinary action was taken based on a preliminary fact-finding inquiry conducted via questionnaire, without holding a regular inquiry or providing an opportunity for defence and personal hearing. The Supreme Court dismissed the appeal and affirmed the Service Tribunal's judgment reinstating the respondent. The Court held that whenever a major penalty is to be awarded against a civil servant, principles of natural justice and Rule 6 of the Government Servants (Efficiency and Discipline) Rules 1973 mandate conducting a proper regular inquiry, issuing a show-cause notice, examining witnesses, and affording the delinquent officer a fair opportunity to submit a defence and be heard personally. Preliminary questionnaire-based proceedings cannot substitute a regular inquiry.

  Questions settled

  • Is a regular inquiry under Rule 6 of the Government Servants (Efficiency and Discipline) Rules 1973 mandatory before imposing a major penalty on a civil servant?
  • Can a major penalty of dismissal from service be lawfully imposed on the basis of a preliminary fact-finding inquiry conducted via questionnaire?
  • Does the failure to afford a personal hearing and an opportunity to examine defence witnesses during disciplinary proceedings violate principles of natural justice?
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• Federal Bank for Cooperatives, Islamabad Versus Ehsan Muhammad2004 PLC(CS) 25 · Supreme Court of Pakistan
  pensionary benefitsqualifying serviceproper channelstatutory interpretationservice tribunalpension regulationspublic importance
  Summary & questions settled

  This petition challenged a judgment by the Federal Service Tribunal, which had directed the Federal Bank for Cooperatives to count an employee's previous government service toward his pension. The core legal question was whether the employee’s prior service in the Cabinet Division qualified under the Bank’s pension regulations, specifically Regulation 9(c)(i), and whether he had joined the Bank through the proper channel as required by Regulation 9(b). The Supreme Court held that the Tribunal erred in its interpretation. The Court ruled that Regulation 9(c)(i) applies exclusively to service in autonomous or semi-autonomous bodies, not government divisions. Furthermore, the Court found that the respondent failed to establish he joined through the proper channel, as evidence showed he concealed his prior employment during the recruitment process. The Court established the principle that where a specific provision governs a situation, general provisions cannot be invoked to override it. Additionally, the Court affirmed that misinterpretation of pension regulations involving public funds constitutes a question of law of public importance, justifying Supreme Court intervention.

  Questions settled

  • Does the term 'organization' in pension regulations for autonomous bodies include government ministries or divisions?
  • Can an employee claim pension benefits for previous service if they failed to join the new organization through the proper channel?
  • Does a misinterpretation of pension regulations by a service tribunal constitute a question of law of public importance?
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• Khaliq Dad Versus Inspector-General of Police2004 PLC(CS) 198 · Supreme Court of Pakistan · 2003-03-04
  service tribunaldepartmental proceedingscriminal acquittaldouble jeopardypolice disciplinemisconductefficiency and discipline rules
  Summary & questions settled

  This petition for leave to appeal arises from a judgment of the Punjab Service Tribunal, Lahore, which dismissed the petitioner's service appeal and upheld his dismissal from the police force. The petitioner, a police official, was dismissed from service following disciplinary proceedings under the Punjab Police (Efficiency and Discipline) Rules, 1975, after being implicated in a criminal case for gambling under the Prevention of Gambling Act, 1977. Although the petitioner was subsequently acquitted under section 249-A of the Code of Criminal Procedure, 1898, his departmental appeals and revision were rejected. The core legal question before the Supreme Court was whether acquittal in a criminal trial bars simultaneous or subsequent departmental proceedings for the same incident and constitutes double jeopardy. The Supreme Court dismissed the petition, holding that criminal proceedings and departmental disciplinary actions are independent of each other and can be initiated simultaneously. The Court established that an acquittal in a criminal case does not automatically exonerate an employee from departmental charges of misconduct or inefficiency, and criminal proceedings do not bar disciplinary action under the relevant efficiency and discipline rules.

  Questions settled

  • Does an acquittal in a criminal case automatically invalidate or bar departmental disciplinary proceedings for the same conduct?
  • Can criminal proceedings and departmental disciplinary actions be initiated simultaneously against a civil servant?
  • Does the absence of a regular inquiry vitiate a dismissal order where a show-cause notice was issued and an opportunity of hearing was afforded?
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• Islamia University, Bahawalpur Versus Muhammad Hameed Bhatti2004 PLC(CS) 191 · Supreme Court of Pakistan · 2003-02-27
  pensionary benefitsinitial recruitmentre-employmentservice benefitsmove-oversuperannuationprobationary period
  Summary & questions settled

  This matter involves civil appeals challenging a High Court judgment that upheld the respondents' entitlement to pensionary and service benefits. The respondents, having taken premature retirement from the University of the Punjab, were appointed to the appellant University at its inception. The core legal question was whether the respondents' employment constituted 're-employment'—thereby barring them from pensionary benefits and move-over—or 'initial recruitment.' The Court held that the respondents were appointed through initial recruitment, not re-employment, as they were subject to a probationary period and confirmed in their posts. The Court rejected the appellant's contention that the respondents were ineligible for benefits, noting that the relevant statutes did not prohibit such claims. The Court affirmed the principle that in the absence of a specific statutory prohibition, such benefits are permissible. Consequently, the Court dismissed the appeals, holding that the respondents were entitled to their pensionary benefits and move-over, and awarded costs to the respondents for the prolonged, unjustified litigation they endured.

  Questions settled

  • Does the re-employment of a retiree from another institution automatically bar them from claiming pensionary benefits from a subsequent employer in the absence of an express statutory prohibition?
  • Can an employee appointed after a probationary period be classified as a re-employed contract worker rather than an initial recruit?
  • Is an employee entitled to move-over benefits if they satisfy the conditions prescribed by the relevant university statutes?
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• Muhammad Yousaf Khan Versus Habib Bank Limited2004 PLC(CS) 166 · Supreme Court of Pakistan
  misappropriationdisciplinary proceedingscharge-sheet limitationStanding Order 15(4)principle of consistencyservice lawbank employee dismissal
  Summary & questions settled

  This petition for leave to appeal challenged a Federal Service Tribunal judgment that upheld the petitioner's dismissal from bank service due to fraud, forgery, and misappropriation. The core legal questions were whether the charge-sheet was time-barred under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, and whether the principle of consistency required the petitioner to receive the same minor penalty as a co-accused. The Court held that the dismissal was lawful, finding that the petitioner had admitted to the misappropriation in writing and that the charge-sheet was not time-barred, as the thirty-day limitation period under Standing Order 15(4) commences from the date of knowledge of the misconduct, not the date of the incident. The Court further ruled that the principle of consistency did not apply because the petitioner, unlike the co-accused, had provided written admissions and undertakings to repay the embezzled funds. The ratio establishes that disciplinary proceedings cannot be defeated by technicalities when serious financial misconduct is proven, and that limitation periods for charge-sheets are triggered by the employer's discovery of the offense.

  Questions settled

  • Does the thirty-day limitation period for issuing a charge-sheet under Standing Order 15(4) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, commence from the date of the alleged misconduct or the date of its detection?
  • Can an employee claim the benefit of the principle of consistency if they have provided written admissions of guilt that a co-accused did not provide?
  • Does the failure to mention specific admissions in a charge-sheet preclude an employer from relying on those admissions during disciplinary proceedings?
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• Nazakat Ali Versus WAPDA2004 PLC(CS) 163 · Supreme Court of Pakistan · 2003-04-03
  service appeallimitationcondonation of delaywrong forumgood faithtermination of serviceWAPDA
  Summary & questions settled

  This petition for leave to appeal challenged a judgment of the Federal Service Tribunal, which had dismissed the petitioner's appeal against his termination from service with WAPDA. The core legal question was whether the petitioner's appeal before the Service Tribunal was time-barred and whether the delay in filing could be condoned. The Supreme Court held that the appeal was indeed hopelessly barred by time. The Court observed that the petitioner failed to pursue his remedies diligently, having approached the National Industrial Relations Commission instead of the appropriate forum, and failed to prove that he had sought such remedy in good faith. Consequently, the Court upheld the Tribunal's decision to dismiss the appeal as time-barred. The key principle laid down is that while time does not run against a void order, a party seeking condonation of delay for approaching a wrong forum must prove that they acted in good faith. Furthermore, the sufficiency of cause for condonation of delay is a question of fact within the exclusive jurisdiction of the Service Tribunal, and its exercise of discretion will not be disturbed without strong justification.

  Questions settled

  • Is a party entitled to condonation of delay for approaching a wrong forum if they cannot prove they acted in good faith?
  • Does the limitation period run against an order alleged to be void?
  • Is the sufficiency of cause for condonation of delay a question of fact within the exclusive jurisdiction of the Federal Service Tribunal?
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• Tanvir Ahmed Versus Chief Secretary, Government of Punjab, Lahore2004 PLC(CS) 157 · Supreme Court of Pakistan · 2002-07-03
  civil servicedepartmental inquirymisconductreduction in rankfundamental rulesmove-overpenalty specification
  Summary & questions settled

  The petitioner, a Lecturer in the Education Department, challenged the departmental penalty of reduction to the initial scale of B-17 imposed for tampering with a seniority list. The petitioner argued that as he was in B-18, the reduction was legally impermissible under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. The Supreme Court rejected the contention that the petitioner's move-over to B-18 constituted a promotion, clarifying it is merely a financial benefit. However, the Court examined the legality of the penalty itself, noting that the departmental authority failed to specify the duration of the reduction. Referencing Fundamental Rule 29, the Court held that any order reducing a government servant to a lower grade, post, or stage must explicitly state the period for which the reduction is effective and whether it affects future increments. Consequently, the Court partly allowed the appeal, modifying the punishment by restricting the reduction to a fixed period of four years to satisfy the requirements of the law and ensure justice.

  Questions settled

  • Does a move-over to a higher pay scale constitute a promotion for a civil servant?
  • Is a penalty of reduction to a lower stage in a time scale valid if the authority fails to specify the period for which it is effective?
  • What are the mandatory requirements under Fundamental Rule 29 when reducing a government servant to a lower grade or post?
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• State Petroleum Refining and Petrochemical Corporation Limited Versus Lateef Siddiqui2004 PLC(CS) 154 · Supreme Court of Pakistan · 2001-08-01
  service tribunaldismissal from servicecompulsory retirementmaster and servantlimitationcondonation of delaypetroleum corporation
  Summary & questions settled

  This matter arises from civil petitions filed against a judgment of the Federal Service Tribunal regarding the dismissal of an employee from the State Petroleum Refining and Petrochemical Corporation Limited. The core legal questions involve whether the Service Tribunal possesses the jurisdiction under the law to convert an order of dismissal from service into compulsory retirement in the absence of a specific provision for compulsory retirement in the corporate service rules, and whether the Tribunal erred in its findings concerning the proof of charges, limitation condonation, and the master-servant relationship. The Supreme Court granted leave to appeal to consider the contentions raised by both parties regarding the vires of the Tribunal's judgment and the extent of its powers in modifying departmental penalties, while suspending the operation of the impugned judgment pending the final hearing.

  Questions settled

  • Can the Service Tribunal convert an order of dismissal into compulsory retirement when the employer's service rules do not provide for the penalty of compulsory retirement?
  • Whether the Service Tribunal has the jurisdiction to modify a departmental penalty under the master and servant framework?
  • Did the Federal Service Tribunal properly exercise its discretion in condoning the delay under section 5 of the Limitation Act 1908?
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• Shafaullah Khan Niazi Versus Deputy Director, Food Department, Multan2004 PLC(CS) 149 · Supreme Court of Pakistan · 2003-10-06
  major penaltydisciplinary actionauthority vs authorized officercompetence of authorityleave to appealcivil service
  Summary & questions settled

  This petition for leave to appeal was filed before the Supreme Court of Pakistan against a disciplinary decision imposing a major penalty upon a civil servant. The core legal question was whether the departmental Authority has the legal competence to impose a major penalty upon a delinquent officer when the Authorized Officer had recommended otherwise. The Supreme Court held that the Authority is fully competent under the law to differ with the recommendations of the Authorized Officer and impose a major penalty based on the evidence on record, provided that the Authority provides sound and just reasons for such disagreement after issuing notice for personal hearing and considering the relevant documents and defence of the accused official. Finding that no substantial question of law of public importance was involved, the Supreme Court refused leave to appeal and dismissed the petition.

  Questions settled

  • Is the departmental Authority competent to impose a major penalty on a civil servant if the Authorized Officer did not recommend it?
  • Can the Authority differ with the recommendation of the Authorized Officer provided it gives sound reasons and affords a hearing to the delinquent official?
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• Government of the Punjab Versus Malik Muhammad Feroze and others2004 PLC(CS) 1261 · Supreme Court of Pakistan · 2003-09-29
  civil review petitioncondonation of delayadverse ACRexonerationexpungement of ACRservice matter
  Summary & questions settled

  This civil review petition arises from a time-barred petition filed by the Government of the Punjab against observations made by the Supreme Court in an earlier civil petition. The core legal question concerned whether observations made regarding the expungement of adverse Annual Confidential Reports (ACR) based on an order of exoneration from specific charges adequately protected the government's stance regarding other uncharged remarks. The Supreme Court condoned the delay in filing and held that the judgment under review sufficiently safeguarded the matter by limiting the respondent's right to seek expungement strictly to the remarks concerning the charges from which he was exonerated, leaving other matters to be decided independently by the competent departmental authority upon representation. The key principle laid down is that departmental authorities possess the jurisdiction to examine representations for the expungement of ACR remarks in accordance with law, uninfluenced by prior judicial observations, particularly when exoneration covers specific underlying charges.

  Questions settled

  • Can a delay in filing a review petition be condoned when the judgment under review was passed in the absence of representation?
  • Whether an employee exonerated from charges mentioned in an adverse ACR can approach the departmental authority for expungement of that ACR?
  • Does an exoneration from specific charges automatically warrant the expungement of all remarks in an adverse ACR?
  Read full judgment →
• WAPDA Versus Fida Hussain2004 PLC(CS) 1240 · Supreme Court of Pakistan · 2004-06-01
  compulsory retirementnatural justiceaudi alteram partemright of hearingdepartmental remediesService Tribunal
  Summary & questions settled

  This civil petition for leave to appeal arises from a judgment of the Federal Service Tribunal, which set aside the compulsory retirement of the respondent under section 17(1-A)(a) of the WAPDA Act, 1958. The core legal question was whether an employee can be compulsorily retired under the said provision without a show cause notice or an opportunity of hearing, and whether an appeal before the Service Tribunal was incompetent for failure to exhaust departmental remedies. The Supreme Court held that an employee possesses an inalienable right of hearing based on the principle of natural justice (audi alteram partem), which cannot be denied merely because the statutory provision does not expressly provide for assigning reasons or notice. The Court further held that where no departmental appeal or review is provided under the statute for actions taken under section 17(1-A)(a), the non-filing of a departmental appeal does not bar an appeal before the Service Tribunal. The petition was accordingly dismissed.

  Questions settled

  • Whether an employee can be compulsorily retired under section 17(1-A)(a) of the WAPDA Act, 1958 without a show cause notice and an opportunity of hearing?
  • Does the non-availability of an appeal or review provision under the WAPDA Act, 1958 bar an aggrieved employee from approaching the Federal Service Tribunal?
  • Whether the principle of natural justice audi alteram partem applies when a statute does not expressly mandate assigning reasons for compulsory retirement?
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• Maj. (Retd.) Tipu Sultan Khan and others Versus Shahzad Hussain and others2004 PLC(CS) 1225 · Supreme Court of Pakistan · 2004-04-23
  Service matterAppointment quotaArmy OfficersSurvey of PakistanFederal Service TribunalInterpretation of rulesCivil Servants (Appointment, Promotion and Transfer) RulesConstitutional petitionRecruitment rules
  Summary & questions settled

  This judgment addresses connected appeals challenging a consolidated decision by the Federal Service Tribunal concerning the induction of Army Officers into the Survey of Pakistan. The core legal question revolved around the interpretation and application of a 20% quota reserved for Army Officers of the Corps of Engineers for posts in BPS-19 within the Department of Survey of Pakistan, as stipulated by S.R.O. 305(I)/85. The appellants contended that the Tribunal misinterpreted the rules and an Office Memorandum. The Supreme Court, after reviewing the material and arguments, held that the Tribunal correctly interpreted the statutory notification and the Office Memorandum. It affirmed that the 20% quota for BPS-19 posts was specifically reserved for Army Officers, and that terms and conditions of service or rules applicable after confirmation would only apply subsequent to proper induction into the Survey of Pakistan. The Court found the Tribunal's judgment to be well-reasoned and not open to exception, dismissing the appeals.

  Questions settled

  • How should the 20% quota for Army Officers in BPS-19 posts within the Survey of Pakistan be interpreted?
  • Do terms and conditions of service for Army Officers transferred to the Survey of Pakistan apply prior to their proper induction?
  • Can a letter issued by the Ministry of Defence after a Tribunal judgment affect appeals against that judgment?
  • Is a well-reasoned judgment that properly interprets recruitment rules and an Office Memorandum open to exception?
  • Is the 20% quota for Army Officers in the Survey of Pakistan applicable to posts in BPS-19?
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• State Bank of Pakistan Versus Khyber Zaman and others2004 PLC(CS) 1213 · Supreme Court of Pakistan · 2004-06-10
  golden handshake schemebenevolent fund grantservice tribunalretrospective effectlimitation and lachesvoluntary retirement
  Summary & questions settled

  This judgment addresses appeals arising from a common decision of the Federal Service Tribunal regarding the claims of bank employees who opted for the Voluntary Golden Handshake Scheme (GHSS) introduced by the State Bank of Pakistan on October 23, 1997. The core legal question was whether employees who retired under the GHSS, which provided a lump sum Benevolent Fund Grant (BFG) equivalent to 10 years, were subsequently entitled to claim increased monthly BFG benefits under a later Circular No. 20 dated November 7, 2000, or under normal retirement regulations. The Supreme Court held that employees who voluntarily opted for the GHSS received a final lump sum payment in lieu of monthly benefits and could not claim both normal retirement benefits and the special package simultaneously. Furthermore, the Court ruled that Circular No. 20 could not be applied retrospectively to former employees who had retired years prior to its issuance, and that their claims were barred by laches and limitation. The appeals were accepted and the Tribunal's judgment was set aside.

  Questions settled

  • Whether employees who opted for a voluntary golden handshake scheme containing a lump-sum benevolent fund grant are entitled to subsequent monthly benevolent fund increases?
  • Can a circular enhancing monthly benevolent fund grants be applied retrospectively to employees who retired years prior to its issuance?
  • Whether an employee can simultaneously claim benefits under normal retirement rules and a special golden handshake scheme?
  • Does a belated claim for service-related financial benefits constitute a recurring cause of action to bypass limitation periods?
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• Dr. Muhammad Arslan Versus Chancellor, Quaid-E-Azam University, Islamabad and others2004 PLC(CS) 1207 · Supreme Court of Pakistan · 2004-05-27
  tenure posttermination of servicedepartmental appeallimitationnatural justicecondonation of delayvice-chancellor
  Summary & questions settled

  This appeal before the Supreme Court of Pakistan arose from the termination of the appellant's services as Vice-Chancellor of Quaid-e-Azam University before the expiry of his statutory four-year tenure. The Federal Service Tribunal had dismissed the appellant's service appeal on the grounds of limitation and failure to file a departmental representation. The Supreme Court addressed whether employees covered under Section 2-A of the Service Tribunals Act, 1973, are mandated to file departmental representations before approaching the Tribunal, and whether the period spent bona fide pursuing a remedy in the High Court should be condoned for limitation. The Court held that non-filing of a departmental appeal is not fatal for Section 2-A employees, and that the period spent pursuing the remedy in the High Court was condonable due to confusion surrounding the insertion of Section 2-A. On the merits, the Court ruled that where a statutory tenure is fixed, the competent authority must exercise its powers fairly, justly, and transparently, and cannot terminate services arbitrarily without assigning reasons or providing a hearing. The Court set aside the termination but, to avoid administrative disruption, ordered the payment of arrears for the unexpired tenure period instead of reinstatement.

  Questions settled

  • Are employees whose cases fall under Section 2-A of the Service Tribunals Act 1973 required to file a departmental appeal or representation before approaching the Service Tribunal?
  • Can the period spent bona fide prosecuting a constitutional petition in the High Court be condoned under the Limitation Act when the forum changes due to the insertion of Section 2-A of the Service Tribunals Act 1973?
  • Can a competent authority terminate the services of a statutory tenure-post holder before the expiry of their term without assigning reasons or providing an opportunity of being heard?
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• I.G. HQ Frontier Corps and others Versus Ghulam Hussain and others2004 PLC(CS) 1187 · Supreme Court of Pakistan · 2004-06-01
  Frontier Corpscivil servantdisciplinary proceedingsspecial law vs general lawimplied repealService Tribunal jurisdictionpara-military force
  Summary & questions settled

  This matter concerns appeals against judgments of the Federal Service Tribunal, which had set aside disciplinary actions against members of the Frontier Corps on the ground that the Removal from Service (Special Powers) Ordinance, 2000, should have been applied instead of the Frontier Corps Ordinance, 1959. The core legal questions were whether Frontier Corps employees are civil servants entitled to approach the Service Tribunal, and whether their disciplinary proceedings are governed by the special provisions of the Frontier Corps Ordinance, 1959, or the general provisions of the Removal from Service (Special Powers) Ordinance, 2000. The Supreme Court held that while Frontier Corps members are deemed civil servants for the limited purpose of invoking the jurisdiction of the Service Tribunal, their disciplinary matters are exclusively governed by the special law, the Frontier Corps Ordinance, 1959. The Court established the principle of 'generalia specialibus non derogant,' holding that a general, later statute (the Ordinance of 2000) does not impliedly repeal a special, earlier statute (the Ordinance of 1959) that deals with a specific class of objects or subjects. Consequently, the appeals were allowed and cases remanded.

  Questions settled

  • Are members of the Frontier Corps considered civil servants for the purpose of invoking the jurisdiction of the Federal Service Tribunal?
  • Does the Removal from Service (Special Powers) Ordinance, 2000, impliedly repeal the disciplinary provisions of the Frontier Corps Ordinance, 1959?
  • Which statute governs the disciplinary proceedings of members of the Frontier Corps: the Frontier Corps Ordinance, 1959, or the Removal from Service (Special Powers) Ordinance, 2000?
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• Dr. Azam Sarfraz Versus Government of Pakistan2004 PLC(CS) 1185 · Supreme Court of Pakistan · 2004-06-10
  service tribunaljurisdictiondismissal from servicefederal service tribunalpunjab service tribunalleave to appeal
  Summary & questions settled

  The petitioner sought leave to appeal against the judgment of the Punjab Service Tribunal, Lahore, which dismissed his service appeal for lack of jurisdiction. The petitioner was originally dismissed from service by an order of the Secretary, Ministry of Population Welfare, Government of Pakistan. Initially, he challenged his dismissal before the Federal Service Tribunal, but withdrew the appeal after an objection was raised that pursuant to the Transfer of Population Welfare Programme (Field Activities) (Amendment) Ordinance, 2001, he had become an employee of the Provincial Government of Punjab. He then filed an appeal before the Punjab Service Tribunal, which also dismissed it on the ground that the impugned order was passed by the Federal Ministry and thus fell outside its jurisdiction. The Supreme Court granted leave to appeal to examine whether the findings of both tribunals regarding jurisdiction were tenable and whether the conflicting decisions resulted in a miscarriage of justice by denying a determination on the merits. The Court held that the matter required a fair and equitable decision on the question of jurisdiction.

  Questions settled

  • Whether the Federal Service Tribunal or the Punjab Service Tribunal has jurisdiction to hear an appeal against a dismissal order passed by the Ministry of Population Welfare, Government of Pakistan, following the promulgation of the Transfer of Population Welfare Programme (Field Activities) (Amendment) Ordinance, 2001?
  • Does the withdrawal of an appeal before one service tribunal based on a jurisdictional objection preclude a civil servant from seeking redress before another tribunal?
  • Can conflicting decisions of specialized tribunals regarding jurisdiction result in a miscarriage of justice warranting interference by the Supreme Court?
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• Muhammad Riaz and others Versus Province of the Punjab through Secretary, Education Department, Punjab, Lahore and others2004 PLC(CS) 1168 · Supreme Court of Pakistan · 2004-06-10
  service tribunalreduction in rankmajor penaltycivil service rulesmisconductpetition for leave to appeal
  Summary & questions settled

  This matter arises from civil petitions for leave to appeal directed against a consolidated judgment of the Punjab Service Tribunal, Lahore, which partially accepted the petitioner's service appeal. The core legal question concerned the legality of imposing a major penalty of reduction in rank without specifying the duration of such penalty under the applicable civil service rules. The Supreme Court held that when imposing a penalty of reducing a government servant to a lower grade or post, the competent authority is mandatorily required to state the period for which the reduction shall remain effective. Finding that the Tribunal correctly rectified this omission by limiting the penalty to a fixed period of two years upon establishing the charges of misconduct and inefficiency, the Court concluded that no substantial question of public importance under the Constitution was made out. Consequently, the petitions were dismissed and leave to appeal was refused.

  Questions settled

  • Is an authority imposing a penalty of reduction to a lower grade or post bound to state the period for which it shall be effective?
  • Whether the Punjab Service Tribunal has the power to modify a penalty by specifying its duration when the original departmental authority failed to do so?
  • Does the imposition of a penalty for inefficiency and misconduct without specifying a time period raise a question of public importance under Article 212(3) of the Constitution?
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• Syed Shaukat Iqbal Versus Secretary to the Government of the Punjab2004 PLC(CS) 1164 · Supreme Court of Pakistan · 2004-05-28
  review petitionpension rulesdisciplinary proceedingslimitation periodservice lawerror apparent on the face of record
  Summary & questions settled

  This review petition arises from the dismissal of a service matter concerning the petitioner's retirement benefits. The petitioner sought a review of the Supreme Court's earlier judgment, which had upheld the Punjab Service Tribunal's decision regarding disciplinary proceedings initiated against him post-retirement. The core legal question was whether the disciplinary proceedings were validly instituted under the Punjab Civil Services Pension Rules, specifically regarding the timing of the charge-sheet and the necessity of notice. The Court held that the review petition was without merit, as the proceedings were initiated within the one-year limitation period prescribed by Rule 1.8(b) of the Pension Rules. The Court clarified that the institution of proceedings refers to the commencement of the process, not the service of notice. Furthermore, the Court reiterated that a review petition is only competent when there is a discovery of new evidence or an error apparent on the face of the record, neither of which was established here. The principle laid down is that disciplinary proceedings against a pensioner are valid if initiated within one year of retirement, and a review petition cannot be used to re-argue points already decided.

  Questions settled

  • Does the institution of disciplinary proceedings against a pensioner under the Punjab Civil Services Pension Rules require the service of notice within one year, or merely the commencement of the proceedings?
  • What are the permissible grounds for maintaining a review petition in the Supreme Court?
  • Can a review petition be entertained if the judgment is sustainable on other grounds despite an alleged error of fact?
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• Senior Superintendent of Police, Government of Sindh, Hyderabad Versus Iqbal Ahmad2004 PLC(CS) 115 · Supreme Court of Pakistan · 2001-11-28
  service tribunaldismissal from servicecriminal acquittalpolice constabledepartmental appealreinstatementleave to appeal refused
  Summary & questions settled

  This matter arises from petitions directed against a common judgment of the Sindh Service Tribunal, which accepted appeals filed by police constables who had been dismissed from service following their involvement in a criminal case. The core legal question concerned the validity of the departmental dismissal and the failure of departmental authorities to consider the subsequent honorable acquittal of the respondents by a court of competent jurisdiction. The Supreme Court held that the Service Tribunal rightly set aside the dismissal orders, as the departmental authorities failed to give weight to the criminal court's acquittal judgment in the absence of any independent departmental charges or show-cause notice regarding separate misconduct. The key principle laid down is that where an employee is dismissed solely based on criminal charges and is subsequently acquitted by a competent court, the departmental authorities are bound to consider the effect of such acquittal, and failure to do so warrants judicial intervention for reinstatement.

  Questions settled

  • Whether departmental authorities are bound to consider the acquittal of an employee by a criminal court when the dismissal was based on the same criminal charges?
  • Can an employee dismissed from service due to criminal involvement be reinstated upon acquittal if no independent departmental inquiry or separate charge existed?
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• Habib Bank Limited through Attorneys Versus Muhammad Abdul Samad Khan and another2004 PLC(CS) 1148 · Supreme Court of Pakistan · 2004-05-27
  service tribunalremoval from servicebank frauddisciplinary proceedingscompetent authoritymala fideleave to appeal
  Summary & questions settled

  This case involves petitions directed against a consolidated judgment of the Federal Service Tribunal, Islamabad, which had accepted the appeals of the respondents and set aside their departmental penalties. The respondents, who served as bank officers and supervisors at Habib Bank Limited, were proceeded against under the Removal from Service (Special Powers) Ordinance, 2000, for alleged negligence, inefficiency, and breach of rules following a major financial fraud committed by another employee. The Federal Service Tribunal found the departmental proceedings to be mala fide in law and remanded the matter, granting liberty to conduct de novo proceedings. The Supreme Court considered the contentions of the parties, noted that the petitioner-bank failed to substantiate that the competent authority had validly exercised its powers without unlawful delegation, and observed that no substantial question of law of public importance under Article 212(3) of the Constitution of Pakistan was involved. Consequently, the Supreme Court dismissed the petitions and refused leave to appeal, affirming the judgment of the Tribunal.

  Questions settled

  • Whether the Federal Service Tribunal was justified in setting aside departmental penalties on the ground of mala fide proceedings?
  • Whether the delegation of disciplinary powers under the Removal from Service (Special Powers) Ordinance, 2000 was properly established by the petitioner bank?
  • Does a service matter involving departmental penalties without a substantial question of law of public importance warrant interference under Article 212(3) of the Constitution of Pakistan 1973?
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• Raja Muhammad Ajaib (R) Director, Accounts, WAPDA Bonds Cell, Tarbela Versus Chairman, WAPDA, WAPDA House, Lahore2003 PLC(CS) 973 · Supreme Court of Pakistan · 2002-06-07
  service lawpromotionacting chargediscriminationleave to appealservice tribunalpublic importance
  Summary & questions settled

  The petitioner, a former Director (Finance) at WAPDA, challenged his de-notification from the acting charge of Deputy General Manager and his subsequent exclusion from a promotion list that benefited his colleagues. Although the petitioner was recommended for promotion by the Member (Finance) prior to his retirement, his case was not processed, while other retired officers were granted retrospective promotions. After the Federal Service Tribunal dismissed his appeal against the de-notification order, the petitioner sought leave to appeal before the Supreme Court under Article 212(3) of the Constitution. The petitioner argued that he faced discrimination and was unfairly deprived of his legitimate right to promotion. The respondents contended that no question of public importance existed and that the petitioner was attempting to introduce a new case regarding promotion that was not properly raised before the Tribunal. The Supreme Court, noting the apparent discrimination and unfair treatment evident on the record, granted leave to appeal to examine the matter in detail, thereby allowing the petitioner to pursue his claim regarding the denial of promotion and consequential benefits.

  Questions settled

  • Does a service matter involving allegations of discrimination and unfair treatment in promotion constitute a question of public importance sufficient for granting leave to appeal under Article 212(3) of the Constitution?
  • Can a petitioner raise a claim regarding the denial of promotion before the Supreme Court if that specific issue was not formally challenged before the Service Tribunal?
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• Mehfooz Ilahi Piracha Versus Sme Bank Limited, Islamabad2003 PLC(CS) 971 · Supreme Court of Pakistan · 2002-05-08
  service appealinterim relieftermination of servicespecial leave to appealexpeditious disposalFederal Service Tribunal
  Summary & questions settled

  This matter concerns a petition for special leave to appeal against an interim order of the Federal Service Tribunal, which declined to suspend the petitioner's termination from service pending the final disposal of their service appeal. The petitioner, formerly an employee of the Regional Development Finance Corporation, was absorbed into the S.M.E. Bank Limited under Ordinance No. LVI of 2001 before being terminated. The core legal question was whether the Supreme Court should interfere with an interim order of the Tribunal regarding the suspension of a termination order. The Supreme Court held that the petition against the interim order was not maintainable, noting that granting the requested relief would effectively dispose of the main appeal before the Tribunal. Consequently, the Court refused leave to appeal but directed the Federal Service Tribunal to expedite the hearing and decide the petitioner's appeal as early as possible. The judgment reinforces the principle that appellate courts are generally reluctant to interfere with interlocutory orders of tribunals when doing so would pre-empt the final adjudication of the substantive dispute.

  Questions settled

  • Is a petition for leave to appeal maintainable against an interim order of the Federal Service Tribunal refusing the suspension of a termination order?
  • Does the granting of an interim suspension of a termination order by an appellate tribunal amount to the final disposal of the service appeal?
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• Nazar Hussain Versus Deputy District Education Officer2003 PLC(CS) 956 · Supreme Court of Pakistan · 2003-04-25
  ad hoc appointmentregularization of servicetermination of servicerule of locus poenitentiaeservice tribunalvested right
  Summary & questions settled

  These petitions for leave to appeal are directed against a common judgment of the Punjab Service Tribunal dismissing the petitioners' appeals and upholding their removal from service. The petitioners were initially appointed on an ad hoc basis, and their subsequent regularization was carried out in an illegal manner contrary to the prescribed rules, without advertising the posts, holding examinations, or constituting a Selection Committee. The core legal question is whether the services of ad hoc appointees whose regularization was illegal and in violation of mandatory rules could be terminated without a full-fledged inquiry or show-cause notice, and whether the rule of locus poenitentiae applies to illegal regularizations. The Supreme Court held that ad hoc appointments made without following the prescribed statutory procedure do not create any vested or legal right, and the Competent Authority is fully competent to terminate such services without a show-cause notice or formal inquiry. The Court affirmed the Tribunal's decision, ruling that illegal regularization cannot be equated with legal regularization, and the rule of locus poenitentiae has no application where the initial order was void ab initio.

  Questions settled

  • Can the services of an ad hoc employee whose regularization was made in violation of prescribed rules be terminated without a full-fledged inquiry?
  • Whether an ad hoc appointment can be converted to a regular appointment without following the mandatory statutory procedure and advertising the posts?
  • Does the rule of locus poenitentiae apply to an illegal regularization made contrary to the rules?
  • Is a show-cause notice required prior to the termination of an ad hoc or temporary appointee?
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• Ejaz Ahmed Warraich Versus President of U.B.L.2003 PLC(CS) 948 · Supreme Court of Pakistan · 2003-03-28
  Service Tribunal jurisdictioncivil servant statusworkmancorporation employeeterms and conditions of service
  Summary & questions settled

  This petition for leave to appeal, converted into an appeal and accepted by the Supreme Court, arises from a judgment of the Federal Service Tribunal dismissing the petitioner's appeal against his dismissal from service as a Cashier of United Bank Limited on the ground of lack of jurisdiction. The core legal question was whether an employee of a corporation controlled by the Federal Government, who is a workman, falls within the definition of a "civil servant" under Section 2-A of the Service Tribunals Act, 1973, so as to be amenable to the jurisdiction of the Federal Service Tribunal. The Supreme Court held that Section 2-A of the Service Tribunals Act, 1973 confers the status of a civil servant on such employees by legal fiction for the limited purpose of approaching the Service Tribunal for grievance redressal, irrespective of whether they are workmen or governed by specific wage awards or exceptions in other statutes. The key principle laid down is that the exceptions in the Civil Servants Act, 1973 do not exclude employees covered under Section 2-A of the Service Tribunals Act, 1973 from availing the remedy before the Service Tribunal.

  Questions settled

  • Whether an employee classified as a workman in a corporation controlled by the Federal Government is deemed a civil servant under Section 2-A of the Service Tribunals Act, 1973?
  • Do the exceptions contained in the definition of a civil servant under the Civil Servants Act, 1973 apply to employees covered under Section 2-A of the Service Tribunals Act, 1973?
  • Does the Federal Service Tribunal have jurisdiction to entertain appeals filed by bank employees against their dismissal from service?
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