| Citation(s) |
|---|
| 1981 SLG 120 1981 SLD 120 1981 SCMR 402 |
Supreme Court of Pakistan
Civil Appeal No. K-91 of 1980, heard on 10-02-1981.(On appeal from the judgment of Sind Service Tribunal Camp, Karachi dated 23-8-1978 in Appeal No. 157(x) of 1976)
ANWARUL HAQ, C.J., SHAFI-UR-REHMAN AND FAKHRUDDIN G. EBRAHIM, JJ
S. M. Abbas, Advocate-on-Record for Appellant. Syed Inayat Ali, Advocate Supreme Court with Shafiq Ahmad, Advocate-on-Record for
Respondents.
Civil Appeal No. K-91 of 1980, heard on 10-02-1981.(On appeal from the judgment of Sind Service Tribunal Camp, Karachi dated 23-8-1978 in Appeal No. 157(x) of 1976)
ANWARUL HAQ, C.J., SHAFI-UR-REHMAN AND FAKHRUDDIN G. EBRAHIM, JJ
S. M. Abbas, Advocate-on-Record for Appellant. Syed Inayat Ali, Advocate Supreme Court with Shafiq Ahmad, Advocate-on-Record for
Respondents.
Syed NASIR HUSSAIN ZAIDI
VS
SERVICE TRIBUNAL, ISLAMABAD AND others
Law: Service Tribunals Act, 1973
Section: 3
Law: Civil Services (Classification, Control and Appeal) Rules
Section: 63,64,66,59
(a) Service Tribunals Act (LXX of 1973)-S. 3-A [as inserted by Service Tribunals (Amendment) Ordinance (IX of 1978), S. 3] read with Service Tribunals (Procedure) Rules, 1974, r. 24-Jurisdiction-Section 3-A enabling Tribunals to function in Benches consisting of not less than two members of Tribunal as constituted by Chairman, Tribunal deciding matter being constituted by Chairman and S. 3-A holding field when case decided, contention that Chairman having not been shown impugned order nor his opinion having been recorded, order vitiated for non-compliance of r. 24, held, devoid of force. (b) Government Servants (Efficiency and Discipline) Rules, 1973- ----R. 4 read with Fundamental Rules, r. 10, Appendix 14 and Government order relating to delegation of powers dated 5th July, 1974-Jurisdiction-Appellant not being employed in Civil Secretariat but in a subordinate office, case of appellant governed by Government order dated 5th July, 1979 declaring Head of Department in Grades 19 or 20 to be authorised officers in respect of Grade 16 SAS Accountants-Appellant being Grade 16 SAS Accountant, orders challenged having been passed by Head of Department, as defined in Fundamental Rule 10, Appendix 14, and such officer being a Grade 20 officer, Head of Department, held, possessed of necessary powers to deal with appellant. (e) Government Servants (Efficiency and Discipline) Rules, 1973- -- - R. 4-Notice of penalty liable to be imposed--Prejudice-Appellant's attention having been drawn to rule prescribing various penalties, appellants also having full notice of same, and penalty imposed being one of those which could be imposed appellant, held, in no manner prejudiced by not having been indicated specific penalty or action proposed to be taken against him. (d) Civil Services (Classification, Control and Appeal) Rules, 1930- ----Rr. 63, 64, 66 & 59 read with Civil Servants (Appeal) Rules, 1977-Personai hearing-Natural justice, principle of--Departmental appeal filed by appellant decided before enforcement of Civil Servants (Appeal) Rules, 1977 having to be decided according to Civil Services (Classification, Control and Appeal) Rules, 1930 and provisions of such…
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