MAZHAR ALI vs FEDERATION OF PAKISTAN through Secretary, Water and Power Pakistan Secretariat, Islamabad R — 2022 PLC(CS) 150 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLC(CS) 150 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLC
Parties: MAZHAR ALI vs FEDERATION OF PAKISTAN through Secretary, Water and Power Pakistan Secretariat, Islamabad R

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MAZHAR ALI VS FEDERATION OF PAKISTAN through Secretary, Water and Power Pakistan Secretariat, Islamabad R.5---Misconduct---award of major penalty---Regular inquiry, dispensation of---Effect---Petitioner assailed imposition of major penalty whereby he was compulsorily retired from service---Validity---Petitioner was awarded major penalty on the premise that he had failed to achieve the targets from the last three months i.e. recovery had fallen (-4.5%) as compared to the last year as well as on poor performance---Punishment awarded to the petitioner was prima facie harsh, since he had attained the age of superannuation during the pendency of the petition and no justifiable reason was put forward by the department to award major penalty without holding proper/regular inquiry, therefore, impugned order was declared to be against the principles of natural justice---Impugned order was set aside and the petition was disposed with direction to the Competent authority to re-calculate the pensionary benefits of the petitioner and other benefits as admissible under the law and make payment of the same to the petitioner within a period of 30 days.

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