ZAHID ALI vs FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistani and Human Resource Devel

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

ZAHID ALI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistani and Human Resource Development Rr.50, 51, 52 & 57---Grounds of penalty---Procedure for disciplinary action---Scope---Under Workers' Welfare Fund (Employees Service) Rules, 1997, R. 50 provides for appointment of an authorized officer and also states that where no officer is so authorized, the authority acts as the authorized officer---Rule 51 then provides as to which officers are designated as the authority---Rules 52 & 57 streamline the powers and functions of the authorized officer and the authority---Under R. 52 the formation of an opinion on whether or not an accused officer has misconducted himself is to be proved by "the authority, or as the case may be, the authorized officer"---Rule 57 prescribes the procedure for disciplinary action vests discretionary authority in the authorized officer to determine (i) whether or not an inquiry is to be conducted, (ii) whether an inquiry officer is to be appointed or an inquiry committee constituted, and (iii) who is to serve as the inquiry officer or on the inquiry committee---Rule 57 also requires the authorized officer to perform certain mandatory functions such as framing the charge, giving personal hearing to the accused, issuing a show-cause notice, considering the representation of the accused and forming an opinion on whether or not the charge has been proved---If the authorized officer concludes that the charge has been proved, he has the power to impose a minor penalty himself---If he concludes that the misconduct attracts a major penalty, he must refer the matter to the Authority, along with his recommendations, and it is only the Authority that can impose a major penalty.

ZAHID ALI vs FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistani and Human Resource Development Rr — 2022 PLC(CS) 32 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2022 PLC