Case Details

Citation(s)
2010 SLG 3102 2010 SLD 3102 2010 PLC 547
Supreme Court of Pakistan
Civil Appeals Nos.1124 to 1126 of 2009, decided on 18th January, 2010. (On appeal against the judgment, Dated 10-4-2009 passed by Federal Service Tribunal, Islamabad in Appeals Nos.740, 913 and 925(R)(C.E.) of 2004).
TASSADUQ HUSSAIN JILLANI AND MAHMOOD AKHTAR SHAHID SIDDIQUI, JJ

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OIL AND GAS DEVELOPMENT COMPANY and others

VS

NAZAR HUSSAIN and others

Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 5

Law: Oil and Gas Development Corporation (Re-Organization) Ordinance, 2001

Section: 5

Law: Constitution of Pakistan, 1973

Section: 212

Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ----S. 5---Oil and Gas Development Corporation (Re-organization) Ordinance (XXVIII of 2001), S.5---Oil and Gas Development Corporation Service Regulations, 1994---Constitution of Pakistan (1973), Art.212---Reinstatement in service---Employees of Oil and Gas Development Corporation---Status of civil servant---Respondents were dismissed from service under the provisions of Removal from Service (Special Powers) Ordinance, 2000 but Service Tribunal reinstated them in service---Plea raised by authorities was that assumption of jurisdiction by Service Tribunal was not tenable as the Corporation was not being governed by statutory rules---Validity---Employees of Oil and Gas Development Company continued to be governed under Service Regulations framed in the year, 1994, unless those were varied and amended or repealed as the case could be---Principal accused who allegedly transported joint pipes in question, was reinstated into service by authorities who were not able to point out pecuniary loss suffered by the company---Alleged pipes had been recovered and were restored to Company---Supreme Court declined to interfere in the passed by Service Tribunal as no question of law of public importance within the meaning of Art. 212 of the Constitution was raised---Authorities failed to point out any illegality to warrant interference by Supreme Court---Appeal was dismissed.    State Bank of Pakistan through Board SBP and others v. Agha Muhammad Aurangzeb Khan C.P. 318 of 2005 and C.Ps. Nos.1359 to 1361 of 2009 ref. ORDER TASSADUQ HUSSAIN JILLANI, J.--- This order shall dispose of Civil Appeals Nos.1124, 1125 and 1126 of 2009 as they are directed against a consolidated judgment dated 10-4-2009 vide which the learned Federal Service Tribunal allowed the appeals of the respondents and directed that the respondents Nazar Hussain (Security Inspector) and Mazharul Hassan (Assistant Driller) shall stand restored to their original posts and respondent Muhammad Fayyaz Umers penalty of compulsory retirement was converted into a minor penalty of stoppage of two increments for a period of two years. 2.…
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