Case Details

Citation(s)
2011 SLG 1801 2011 SLD 1801 2011 PLC 1086
Supreme Court of Pakistan
Civil Petition No.402-K of 2008, decision dated: 11-11-2008.(On appeal from the order dated 26-7-2008 passed by Federal Service Tribunal, Karachi in Appeal No.15/CE/K of 2008).
ZIA PERWEZ, SABIHUDDIN AHMED AND SARMAD, JALAL OSMANY, JJ

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[Supreme Court of Pakistan] Syed DILAWAR MADAD

VS

GOVERNMENT OF PAKISTAN and others Syed DILAWAR MADAD vs GOVERNMENT OF PAKISTAN and others

Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss. 2(c), 3, 9 & 10---Constitution of Pakistan, Art.212(3)---Employee of statutory corporation---Penalty of compulsory retirement from service was converted to demotion vide order dated 17-5-2002---Appellant's requests to authority made on 11-4-2005 and 20-7-2005 for restoration of his seniority---Rejection of appellant's requests by authority vide order dated 12-6-2008---Appeal in Service Tribunal filed on 10-7-2008---Validity---No rules applicable to appellant existed providing for a departmental representation, review or appeal---Action had been taken against appellant under Removal from Service (Special Provisions) Ordinance, 2000 for being a person in corporation service---Appellant against order of demotion dated 17-5-2002 had not represented within 15 days of its communication as prescribed under S.9 of the Ordinance---Appellant was not entitled to make representation at his sweet will after more than two years of impugned order of demotion nor was to wait its result for more than four years---Impugned order had not been passed on any representation questioning imposition of penalty of demotion---Petition for leave to appeal was dismissed for having no merit. A.S.K. Ghori, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 11th November, 2008. JUDGMENT SABIHUDDIN AHMED, J.--- This petition for leave to appeal arises out of the judgment of the Federal Service Tribunal dated 26-7-2008 in Appeal No.15/CE/K of 2008. 2. The facts in brief appear to be that the petitioner was employed with the respondents Corporation in Pay Group No.VII as Assistant Manager (Maintenance) when a show-cause notice dated 4-3-2002 was served upon him containing certain allegations, purportedly under the powers conferred by the Removal from Service (Special Powers) Ordinance, 2000, requiring him to appear before the Managing Director on 11-3-2002. The petitioner submitted a written reply in respect of allegations on 12-3-2002. However, by letter dated 9-4-2002 the petitioner was informed that after personal hearing on 13-3--2002 he was unable to prove his innocence and he stood retired…
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