FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad vs SHAFQAT-UR-REHMAN RANJHA Rr

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FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad VS SHAFQAT-UR-REHMAN RANJHA Rr. 2(2), 5(iv) & 6a(2)---Disciplinary proceedings---Inquiry officer recommending exoneration of civil servant---Prime Minister ('the authority') ordering a de novo inquiry against the civil servant---Legality---as per R. 5(iv) of the Government Servants (Efficiency and Discipline) Rules, 1973 ['the E&D Rules'], the authorized Officer upon receipt of the report of the inquiry Officer or Inquiry Committee was required to determine whether the charge against the accused was proved---If it was proposed that a major penalty be imposed, the authorized Officer was required to forward the case of the accused to the authority ( i.e. the Prime Minister) along with all the requisite material forming basis for the proposed penalty---Once the same was done it was then upon the authority to decide and pass the final order---authority was fully empowered to examine the record and recommendation which it had received from the authorized Officer and pass an appropriate order---authority had the power to agree with the recommendation, disagree with the recommendation and either pass a final order on the basis of the record before it after providing an opportunity of hearing, or if dissatisfied with the inquiry, order a de novo inquiry for valid and recorded reasons---appeal was allowed. Citation Name: 2021 SCMR 153 SUPREME-COURTBookmark this Case FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad VS SHAFQAT-UR-REHMAN RANJHA R. 5(iv)---Civil Servants(Appeal) Rules, 1977, R. 2(a)(iii)---Constitution of Pakistan, Arts. 199 & 212---Civil service---Disciplinary proceedings---After completion of inquiry proceedings the Inquiry officer recommended exoneration of civil servant---Prime Minister ('the Authority') not agreeing with the recommendation of the Inquiry officer ordered a de novo inquiry against the civil servant---Civil servant filed a Constitutional petition before the High Court challenging the order of de novo inquiry---Maintainability---Rule 2(a)(iii) of the Civil Servants (Appeal) Rules, 1977 provided that an order by the Prime Minister was appealable to the President---In the present petition, no such appeal was filed---Instead the civil servant choose to file a Constitutional petition before the High Court---Right of appeal being available under the rules, which was admittedly not availed, the High Court should have refrained from exercising its extraordinary constitutional jurisdiction which was equitable and discretionary in nature---Furthermore the issue raised clearly fell within the ambit of Federal Service Tribunal in terms of Art. 212 of the Constitution---Appeal was allowed with the consequence that Constitutional petition filed before the High Court was dismissed.

FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad vs SHAFQAT-UR-REHMAN RANJHA Rr — 2021 SCMR 153 SUPREME-COURT

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