Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD YOUNUS VS Respondent: SECRETARY, MINISTRY OF COMMUNICATIONS
1992 P L C (C
1992 P L C (C.S.) 952
[Supreme Court of Pakistan]
Present: Ajmal Mian, Sajjad Ali Shah arid Saleem Akhtar, JJ
MUHAMMAD YOUNUS
Versus
SECRETARY, MINISTRY OF COMMUNICATIONS and others
Civil Appeal No. 882-K of 1990, decided on 2nd March, 1992.
(On appeal from the judgment and order of the Federal Services Tribunal dated 20-6-1990 in Appeal No. 111 (K) of 1985)
(a) Constitution of Pakistan (1973)--
----Art. 212(3)---Leave to appeal was granted to consider question as to whether access to the record was denied to the petitioner so as to prejudice his defence; whether re-opening of the departmental enquiry after a censure had been competently awarded was in accord with law and whether Service Tribunal could enhance the period of reduction in rank from three years which was ultimately ordered by the competent Authority under Fundamental Rule 29 to five years ignoring the order of the competent Authority.
(b) Government Servants (Efficiency and Discipline) Rules 1973---
----Rr.6-A & 5(1)(iv)---If a case disposed of by the authorised officer under R.5(1)(iv) was intended to be reviewed by the Authority in exercise of the power under R. 6-A, no order adverse to the interest of the accused officer could be passed without affording him an opportunity of hearing.
Maqsood Ahmed Shaikh v. Islamic Republic of Pakistan, 1987. SCMR 1562 ref.
(c) Government Servants (Efficiency and Discipline) Rules, 1973---
----R.4---Service Tribunals Act (LXX of 1973), S. 4---Penalty---Punishment imposed by an Authority cannot be enhanced by the Service Tribunal.
(d) Natural Justice principle of---
----Rule of natural justice is to be read into provisions of law authorising a statutory functionary to pass orders in relation to rights of citizens.
Shahenshah Hussain, Advocate Supreme Court for Appellant.
A. Aziz Khan, Advocate Supreme Court (absent) and Ali Murtaza Hussain, Advocate-on-Record for Respondents.
Date of hearing: 2nd March, 1992.