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Petitioner: ASHFAQ AHMAD VS Respondent: E. D. O. (EDUCATION)
Court Name: Supreme Court of Pakistan Judge(s): Chaudhry Ijaz Ahmed, Shakirullah Jan Title: ASHFAQ AHMAD vs E. D. O. (EDUCATION) Case No.: Civil Appeal No,569 of 2006 Date of Judgment:2006-09-13 Reported As: 2008 PLC (C.S.) 300 Result: Order accordingly
JUDGMENT
JUDGMENT ' MIAN SHAKIRULLAH JAN, J.--- The only contention raised and pressed before us that the Appellate Authority (departmental) while considering the appeal of the appellant, against the penalty of the recovery of salaries of a Naib Qasid received by him and also the penalty of stoppage of two increments, has enhanced it to that of termination/ removal him from service without any notice or hearing him in respect of the enhancement of the punishment. 2. The learned A.A.-G. Could not controvert the aforesaid contention of the learned counsel for the appellant. Being so (the punishment was enhanced by the Appellate Authority) without notice to him, the order is not sustainable and similarly that of the Service Tribunal too, while maintaining it. Resultantly, while accepting this appeal, the judgment of the Service Tribunal as well as order of the Appellate Authority are set aside and the case is sent back to the Appellate Authority (department), where the appeal will be deemed pending, to decide it in accordance with law after giving notice to the appellant with an opportunity of hearing him, within one month after the receipt of the instant order.