| Case ID |
0379078c-03da-4dd8-b61f-eaccf81d6ba1 |
| Body |
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| Case Number |
Writ Petition No. 3176 of 2013 |
| Decision Date |
Dec 09, 2013 |
| Hearing Date |
Dec 09, 2013 |
| Decision |
The Islamabad High Court allowed the writ petition filed by Roomana Gul Kakar, ruling that her repatriation to her parent department was illegal due to pending inquiry proceedings against her. The court emphasized that the repatriation could not occur until the inquiry was completed and that proper consultation with the Provincial Government was necessary prior to such an action. The court set aside the impugned order of repatriation, signifying the need for adherence to procedural requirements in the repatriation of civil servants on deputation. |
| Summary |
This case revolves around the legality of the repatriation of Roomana Gul Kakar, an Assistant Professor who was serving on deputation in the National Assembly Secretariat. The court found that her repatriation was conducted without the required consultation with the Provincial Government and while an inquiry was ongoing. The decision reinforced the importance of following established procedures in the repatriation of civil servants, emphasizing that such actions cannot be taken arbitrarily or without due process. The ruling highlights the balance between administrative authority and the rights of civil servants in Pakistan, underscoring the necessity for transparency and fairness in government employment practices. This case serves as a significant reference point for similar disputes in employment law and civil service regulations, particularly in the context of the National Assembly's operational framework and the rights of employees on deputation. |
| Court |
Islamabad High Court
|
| Entities Involved |
Government of Balochistan,
National Assembly Secretariat,
Directorate of Colleges Higher and Technical Education
|
| Judges |
RIAZ AHMAD KHAN, J
|
| Lawyers |
|
| Petitioners |
Roomana Gul Kakar
|
| Respondents |
others,
National Assembly Secretary of Pakistan
|
| Citations |
2014 SLD 267,
2014 PLC 929
|
| Other Citations |
2010 SCMR 378
|
| Laws Involved |
National Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1973,
Constitution of Pakistan
|
| Sections |
R. 7(2),
Art. 199
|