| Case ID |
00a833d2-a8cb-4d86-a46c-f68a5f741c87 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 23 of 1981 |
| Decision Date |
Jul 03, 1988 |
| Hearing Date |
Jul 03, 1988 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by the Province of Punjab through the Secretary of Education, Lahore, challenging the judgment of the Punjab Service Tribunal dated November 4, 1980. The Tribunal had partially allowed the respondent’s appeal, overturning the order dated March 12, 1977. The petitioner failed to present compelling arguments to counter the Tribunal's decision, resulting in the dismissal of the petition for leave to appeal. The court found no substantive merit in the petition and highlighted the ineffective representation by the petitioner’s counsel. Consequently, the petitioner's request to appeal was denied, thereby upholding the Tribunal's partial decision and maintaining the respondent's position. This decision underscores the importance of robust legal representation and the necessity for petitioners to provide substantial evidence and arguments when challenging tribunal decisions. |
| Summary |
In the landmark case of Civil Petition No. 23 of 1981, decided on July 3, 1988, the Supreme Court of Pakistan addressed significant issues related to civil service misconduct under the Punjab Civil Servants Act, 1974, and the Constitution of Pakistan, 1973. The petitioner, the Province of Punjab through the Secretary of Education in Lahore, sought leave to appeal against the Punjab Service Tribunal's judgment dated November 4, 1980, which partially favored the respondent, M. Khadim Hussain Khalid. The Tribunal had overturned a previous order from March 12, 1977, citing charges of manipulation that amounted to misconduct under Section 15 of the Punjab Civil Servants Act and Article 212(3) of the Constitution. The petitioner’s inability to present effective legal arguments and the lack of substantive merit in their case led to the dismissal of the petition. The Supreme Court emphasized the necessity for civil servants to uphold integrity and the importance of providing a fair opportunity to respond to misconduct allegations. This case highlights trending legal principles such as administrative justice, the role of tribunals in civil service governance, and the critical evaluation of evidence in cases of alleged public service misconduct. Legal professionals and entities involved in civil service administration can draw valuable insights from this judgment, reinforcing best practices in maintaining transparency and accountability within governmental institutions. The decision also underscores the pivotal role of effective legal representation and the strategic presentation of evidence in appellate proceedings. As such, this case serves as a reference point for future litigations involving civil service regulations and administrative law, ensuring that justice is administered fairly and efficiently in accordance with established legal frameworks. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Province of Punjab,
Punjab Service Tribunal,
Finance Department,
Secretary, Education, Lahore
|
| Judges |
GHULAM MUJADDID MIRZA,
SAAD SAOOD JAN
|
| Lawyers |
Not available
|
| Petitioners |
PROVINCE OF PUNJAB through Secretary, Education, Lahore
|
| Respondents |
M.KHADIM HUSSAIN KHALID
|
| Citations |
1988 SLD 2739,
1988 SCMR 1681
|
| Other Citations |
Punjab Service Tribunal Dated 4-11-1980 in Appeal No. 91/969 of 1977
|
| Laws Involved |
Punjab Civil Servants Act, 1974,
Constitution of Pakistan, 1973
|
| Sections |
15,
212(3)
|