| Case ID |
090f1ed5-2772-4049-bc44-d07e1330f207 |
| Body |
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| Case Number |
Civil Petition No. 666 of 1986 |
| Decision Date |
Oct 18, 1986 |
| Hearing Date |
|
| Decision |
The service appeal of the petitioner was allowed, and the order of his removal from service was set aside on the technical ground that the impugned order was not passed by the competent authority. The learned Service Tribunal has ordered the re-instatement of the petitioner in service, leaving it open to the competent authority to proceed afresh against him if so desired, strictly in accordance with the rules. The contention raised by the learned counsel for the petitioner that the direction for proceeding afresh in the matter was not warranted was found to lack substance. The petitioner's appeal was accepted on technical grounds without delving into the merits of the case. Thus, the legal proposition that the Tribunal could not issue such direction was held to be untenable. The petition was dismissed. |
| Summary |
This case revolves around the petitioner's appeal against his removal from service, which was accepted on technical grounds by the Service Tribunal. The core issue was whether the order for removal was passed by the competent authority. The Tribunal's decision to reinstate the petitioner, while allowing the competent authority to proceed afresh if desired, raised questions about the validity of such directions. Legal principles regarding the authority of the Tribunal and procedural adherence were significant in this case. The outcome emphasized the importance of procedural correctness over substantive merits in administrative decisions. The case highlights the judicial scrutiny of administrative actions and the balance between technical compliance and substantive justice, making it a key reference point in administrative law discussions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
S. A. NUSRAT
|
| Lawyers |
Muhammad Iqbal, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record
|
| Petitioners |
MUHAMMAD ILYAS
|
| Respondents |
others,
CHIEF CONSERVATOR OF FORESTS, SOUTHERN ZONE, MULTAN
|
| Citations |
1987 SLD 341,
1987 SCMR 433
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
Art. 212(3),
Ss. 4,
Ss. 5
|