| Citation(s) |
|---|
| 2015 SLG 1226 2015 SLD 1226 2015 PLJ 729 |
Supreme Court of Pakistan
Civil Appeal Nos. 1122, 1123, 1107 of 2013 & 173 and 174 of 2015, decision Dated: 25.03.2015. Hearing Date : 31.03.2015. (On appeal from judgment Dated 9.5.2013 of the Peshawar High Court, Peshawar, passed in W.Ps. No. 2987, 2764 of 2011 & 818-P/2012). An
NASIR-UL-MULK, HCJ, AMIR HANI MUSLIM, JUSTICE, IJAZ AHMED CHAUDHARY, JUSTICE
Ms. Shireen Imran, ASC and Syed Rafaqat Hussain Shah, AOR for Appellants (in C.As. Nos. 1122, 1123 & 1107 of 2013). Mian Shafaqat Jan, ASC and Mr. M.S. Khattak, AOR for Appellant (in C.As. No. 173 & 174 of 2015). Hafiz S.A. Rehman, Sr. ASC for Responden
Civil Appeal Nos. 1122, 1123, 1107 of 2013 & 173 and 174 of 2015, decision Dated: 25.03.2015. Hearing Date : 31.03.2015. (On appeal from judgment Dated 9.5.2013 of the Peshawar High Court, Peshawar, passed in W.Ps. No. 2987, 2764 of 2011 & 818-P/2012). An
NASIR-UL-MULK, HCJ, AMIR HANI MUSLIM, JUSTICE, IJAZ AHMED CHAUDHARY, JUSTICE
Ms. Shireen Imran, ASC and Syed Rafaqat Hussain Shah, AOR for Appellants (in C.As. Nos. 1122, 1123 & 1107 of 2013). Mian Shafaqat Jan, ASC and Mr. M.S. Khattak, AOR for Appellant (in C.As. No. 173 & 174 of 2015). Hafiz S.A. Rehman, Sr. ASC for Responden
COMMANDANT, KHYBER PAKHTUNKHWA CONSTABULARY, HEADQUARTERS PESHAWAR AND ANOTHER
VS
MUHAMMAD NASIR AND OTHERS
Law:
Section:
North West Frontier Constabulary Rules, 1958-- ----R. 18--Constitution of Pakistan, 1973, Art. 212--Status of civil servant cannot be conferred on an employee of organization--Jurisdiction of High Court--Once employees had obtained relief from FST, could not had approached High Court for same relief--Failed to comply with provisions of Rule 18 of Rules, 1958--Validity--Terms and conditions of service are regulated by North West Frontier Constabulary Act of 1915 which authorizes Appellants to frame Rules--Orders which were impugned before High Court are indicative of fact that procedure as defined in Rule 18 of Rules of 1958 was not followed--High Court has observed that de novo inquiries were conducted by appellants without following procedure provided in Rule 18 of Rules of 1958--Once High Court has held that procedure prescribed in Rule 18 has not been followed while dismissing respondents from service, it should have remanded matter to department after reinstating respondents in service for de novo inquiry. THIS JUDGMENT DELIVERED BY: Amir Hani Muslim, J.- The relevant facts for the purpose of disposal of these Appeals are that the Appellants were posted in different Platoons of Frontier Constabulary which were deployed in different areas of F.R Peshawar and F.R Kohat. They were dismissed from service on the allegations of insubordination and cowardice. The Respondents filed Appeals before the Federal Service Tribunal, Islamabad, which were allowed, by various judgments passed on different dates and they were reinstated in service with direction to the Appellants to hold de novo inquiries against them and conclude the same within four months, providing them full opportunity of hearing. 2. After receipt of the judgments of the Federal Service Tribunal, the Appellants without formally reinstating the Respondents, conducted de novo inquiry in the light of directions of the Tribunal and dismissed all the Respondents from service. The record shows that a second de novo inquiry upon the direction of the Tribunal was conducted against some of the Respondents, but they too were dismissed. The record further reveals that even 5th de novo inquiry was conducted against…
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