| Case ID |
03724d87-4e61-475d-a127-ee1376aedd64 |
| Body |
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| Case Number |
Intra-Court Appeal No. 281 of 2010 in Writ Petitio |
| Decision Date |
Jun 09, 2011 |
| Hearing Date |
Jun 09, 2011 |
| Decision |
The Lahore High Court allowed the appeal, declaring the termination of the appellant's services as unlawful and unconstitutional. The court emphasized that the 'no reason clause' in the employment contract violated fundamental rights and principles of good governance. The court ordered the authorities to consider the appellant's case for regularization in accordance with the law, highlighting the need for transparency and accountability in public service appointments. |
| Summary |
The case of SAMINA KANWAL vs. DIRECTOR PUNJAB FORESTRY RESEARCH INSTITUTE revolves around the termination of a contract employee without assigning any reason. The Lahore High Court found that such a termination clause violated the Constitution of Pakistan, particularly Articles 4, 9, 14, and 25, which ensure due process and fundamental rights. The court referred to previous case law to underline the importance of accountability and transparency in public service appointments. The decision emphasized that no reason clauses can lead to corruption and mismanagement, ultimately undermining the principles of good governance. The court's ruling not only reinstated the appellant's rights but also set a precedent for future employment contracts within government institutions. |
| Court |
Lahore High Court
|
| Entities Involved |
Punjab Forestry Research Institute
|
| Judges |
SYED MANSOOR ALI SHAH,
ABDUL WAHEED KHAN
|
| Lawyers |
Muhammad Ahmad Qazi,
Kalim Ilyas,
Muhammad Abdul Muqeel
|
| Petitioners |
SAMINA KANWAL
|
| Respondents |
DIRECTOR PUNJAB FORESTRY RESEARCH INSTITUTE, FAISALABAD
|
| Citations |
2011 SLD 423,
2011 PLD 563
|
| Other Citations |
Dr. Mobashir Hassan v. Federation of Pakistan and others PLD 2010 SC 1,
Government of Balochistan v. Azizullah Memon PLD 1993 SC 341,
Faisal Sultan v. E.D.O. (EDUCATION) and others 2011 PLC (C.S.) 419
|
| Laws Involved |
Constitution of Pakistan, 1973,
General Clauses Act, 1897,
Law Reforms Ordinance, 1972,
Contract Act, 1872
|
| Sections |
4,
9,
14,
25,
24A,
3,
23
|