| Case ID |
046eac4c-a8f1-4bcf-968a-3f764294e8cd |
| Body |
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| Case Number |
Civil Petition No. 1546-L of 1999 |
| Decision Date |
Nov 26, 1999 |
| Hearing Date |
Nov 26, 1999 |
| Decision |
The Supreme Court of Pakistan refused to grant leave to appeal in the case of Akhtar Hussain, who sought to challenge the dismissal from service. The court found that the petitioner had concealed the fact of previous dismissal from the Lahore Development Authority when applying for a new position. The court emphasized that the grant of leave under Article 212 is discretionary and should only be considered in cases of public importance, which was not applicable here as the case revolved around individual grievance. The petitioner's conduct in withholding material information disqualified him from seeking relief, leading to the dismissal of the petition. |
| Summary |
In the case of Akhtar Hussain vs. Commissioner, Lahore Division, the Supreme Court of Pakistan addressed critical issues regarding employment law and the principles governing civil service dismissals. The petitioner sought leave to appeal against a prior decision, asserting that his dismissal did not follow due procedure. However, the court determined that the petitioner had failed to disclose a prior dismissal, which fundamentally undermined his case. This ruling underscores the importance of transparency and adherence to legal standards in civil service employment. The judgment highlights that discretionary relief is reserved for matters of significant public interest, distinguishing individual grievances from broader legal questions, thereby reinforcing legal precedents in employment law. The emphasis on the necessity for honesty in employment applications serves as a crucial takeaway for future cases involving civil servants seeking re-employment after dismissal. The court's decision is a reminder of the stringent standards expected of public servants and the legal ramifications of nondisclosure. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore Development Authority
|
| Judges |
SAIDUZZAMAN SIDDIQUI, C.J.,
SH. RIAZ AHMED,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
Hafiz Tariq Nasim, Advocate Supreme Court,
Mahmudul Islam, Advocate-on-Record
|
| Petitioners |
AKHTAR HUSSAIN
|
| Respondents |
another,
COMMISSIONER, LAHORE DIVISION
|
| Citations |
2000 SLD 909,
2000 SCMR 1117,
2000 SLD 1321
|
| Other Citations |
Muhammad Amjad v. Chief Engineer, WAPDA and others 1998 PSC 337,
1994 SCMR 2232,
PLD 1990 SC 666,
1997 PLC (C.S.) 356
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 212(3)
|