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

Case information

Citation: 2022 PLC(CS) 32 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PLC
Parties: ZAHID ALI vs FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistani and Human Resource Development R
Subject matter: Constitutional
Provisions referred to: S. 24---C; S. 24; General Clauses Act (X of 1897); General Clauses Act

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

ZAHID ALI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Overseas Pakistani and Human Resource Development R. 57---Constitution of Pakistan, Art. 199---General Clauses Act (X of 1897), S. 24---Constitutional petition---Procedure for disciplinary action---Reasons for decision---Scope---Petitioner impugned the order of his dismissal from service---Validity---Authority did not have the power to disregard the opinion of the authorized officer who had not recommended a major penalty to the Authority---Authority was also vested with no power to issue a fresh show cause notice to the accused officer while an authorized officer was adjudicating the matter or had reached a conclusion that a major penalty was not to be recommended---Dismissal order was completely devoid of reasoning---It had failed to state for example what the opinion of the authorized officer was, why the authority disagreed with the opinion of the authorized officer even if it inadvertently believed that it had the authority to do so, what reasons prevailed with the Authority to impose the most severe penalty of dismissal from service on the petitioner---As such the dismissal order also suffered from a failure to give reasons in breach of S.24(2) of General Clauses Act, 1897---Constitutional petitions were allowed, show-cause notice as well as dismissal order were set aside and the petitioner was directed to be reinstated in service.

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