Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: TAJ MUHAMMAD, EXSUPERINTENDING ENGINEER VS Respondent: CHAIRMAN, WATER AND POWER DEVELOPMENT AUTHORITY and another
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Syed Usman Ali Shah Title:TAJ MUHAMMAD, EXSUPERINTENDING ENGINEER vs CHAIRMAN, WATER AND
POWER DEVELOPMENT AUTHORITY and another Case No.: Civil Petitions Nos. 653-R and 687-R of 1989 Date of Judgment:1990-01-10 Reported As: 1990 SCMR 926 Result: Leave granted Judgment ORDER ' NASIM HASAN SHAH, J.---This order will dispose of both these petitions as the petitioner in both the matters is one and the same person and the questions raised by him in the said petitions are similar. ' The main contention raised by the learned counsel for the petitioner is that the punishment awarded to the petitioner has been ordered by following the shorter procedure wherein the requirement of an "enquiry" was dispensed with and action taken merely after service of the statement of allegations on the accused-officer, obtaining his reply and giving him a personal hearing when in the circumstances of this case the allegations made against the accused-officer being of a factual nature, which were being controverted, could only be established after a full enquiry. The submission in other words is that in a case of this kind punitive action is possible only after observing the detailed procedure i,e. a full-fledged enquiry wherein the accused officer has an opportunity to disprove the factual allegations levelled against him and it cannot be short circuited by adopting the shorter procedure. ' The question raised, inter alia, is of a considerable general public importance. . ' The appeals in both the matters shall be made ready expeditiously.
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