Case Details

Citation(s)
1999 SLG 909 1999 SLD 909 1999 PLC 409
Supreme Court of Pakistan
Civil Appeals Nos. 1066, 1067, 1068, 1069 and.1070 of 1998, decision dated: 27-11-1998. (On appeal against the judgment dated 9-3-1998 of the Federal Service Tribunal, Islamabad in Appeals Nos. 135/R to 140/R of 1998).
AJMAL MIAN, C.J., MUNAWAR AHMED MINA AND SH. RIAZ AHMED, JJ

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MUHAMMAD YAR BUTTAR and 4 others

VS

BOARD OF GOVERNORS, OVERSEAS, PAKISTANIS FOUNDATION, ISLAMABAD and another

Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------S. 4---Civil Servants Act (LXXI of 1973), S. 3---"Order" as used in S.4, Service Tribunals Act, 1973---Interpretation---Interpretation of the word 'order' had to be confined within four corners of Civil Servants Act, 1973 and Service Tribunals Act, 1973---Appeal against an "order" was relatable to terms and conditions of a civil servant. (b) Civil service--- -----Disciplinary action---Type of orders to be passed and steps to be taken by Competent Authority, enumerated. If a civil servant is being proceeded for disciplinary action, the following orders are to be passed within the contemplation of the rules governing disciplinary action: (1) Appointment of Inquiry Officer or Committee; (2) show-cause notice; (3) framing of charge-sheet; (4) preparation of statement of allegations; (5) second show-cause notice; (6) appointment of authorised officer; (7) decision of the authorised officer whether inquiry should be conducted by the Inquiry Officer or a committee; (8) decision of the authorised officer not to hold an inquiry by an Inquiry Officer or a committee; (9) information to the officer about the action proposed to be taken; (10) adjournment during any proceedings; (11) view of the Inquiry Officer or committee that the officer was hampering the progress of inquiry; (12) Various other steps to complete an inquiry. If in the light of section 4 of the Service Tribunals Act, appeals were maintainable against all the above-noted orders, then it would be an endless inquiry and no inquiry could reach its logical conclusion. It will depend upon the nature of each order as to whether appeal against such order is maintainable or not because the abovementioned situations deal with procedural matters. The questions of mala fides and coram non judice, would stand on a different footing. (c) Interpretation of statutes--- Object of Statute---While interpreting a provision of Statute or Rules, such interpretation was not to be placed, which would render object of Statute or Rules futile or which would frustrate the very object of Statute or Rules. (d) Appeal (Civil)--- ----Right of appeal---Scope---Right of appeal was a~ statutory…
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