| Citation(s) |
|---|
| 2008 SLG 1873 2008 SLD 1873 2008 SCMR 1507 |
Supreme Court of Pakistan
Civil Petition No.637-K of 2005, decision dated: 30-09-2005.(On appeal from the judgment, dated 22-7-2005 of Federal Service Tribunal, Islamabad in Appeal No.816(K)(C.S.) of 2002)
MUHAMMAD NAWAZ ABBASI AND KARAMAT NAZIR BHANDARI, JJ
Muhammad Muzaffarul Haque, Advocate Supreme Court for Petitioner. M.G. Dastigir, Advocate Supreme Court and Raja Sher Muhammad Khan, Advocate-on-Record for
Respondents Nos.2 to 4
Civil Petition No.637-K of 2005, decision dated: 30-09-2005.(On appeal from the judgment, dated 22-7-2005 of Federal Service Tribunal, Islamabad in Appeal No.816(K)(C.S.) of 2002)
MUHAMMAD NAWAZ ABBASI AND KARAMAT NAZIR BHANDARI, JJ
Muhammad Muzaffarul Haque, Advocate Supreme Court for Petitioner. M.G. Dastigir, Advocate Supreme Court and Raja Sher Muhammad Khan, Advocate-on-Record for
Respondents Nos.2 to 4
Miss RASHIDA KHATOON
VS
SECRETARY, M/O INDUSTRIES AND PRODUCTION and 3 others
Law:
Section:
Removal from Service (Special Powers) Ordinance (XVII of 2000)---Ss. 2(b) & 3---Constitution of Pakistan (1973), Art.212(3)---Misconduct---Imposition of penalty of reduction to lower rank---Allegation was that employee being a junior officer with intention to bring her grievance to notice of the concerned Authorities had made representation directly to the Chairman with expectation of an appropriate 'relief and such act of petitioner was considered as misconduct---Validity---Act of a person which was prejudicial to the good order or service discipline or unbecoming of an officer and gentleman, was definitely a misconduct, but mere sending representation by a subordinate directly to a senior officer like Chairman, was not as such an act which could be treated prejudicial to good order or service discipline or unbecoming of a good officer and a gentleman---Nothing objectionable was found in the language used by petitioner in letter in question which could be treated insulting or derogatory against senior officers constituting an act of indiscipline or of unbecoming of a good officer in terms of definition of misconduct---Filing of such a representation to bring to the notice of higher Authorities the personal problem being faced by petitioner, would not be ipso facto termed as misconduct---Petition was converted into appeal and same was allowed---Order imposing penalty of reduction to lower rank, was set aside. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.--- This petition under Article 212(3) of the Constitution has been directed against the judgment of the Federal Service Tribunal whereby the appeal filed by the petitioner against the order of departmental authority, was partly allowed. The petitioner was proceeded against for the charge of indiscipline and unbecoming of a good officer as under:-- "As a result of policy decision you were allotted family accommodation in Steel Town along with other officers of Pakistan Steel. You, however, did not comply with the lawful orders and submitted a petition dated 28-12-2001 addressed to the Chairman, Pakistan Steel directly levelling therein vexatious and frivolous allegations against Management; instead of giving any valid…
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