| Case ID |
094c423c-b5c6-498c-8e66-9b29e2fdd323 |
| Body |
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| Case Number |
Writ Petition No 646 of 1956 |
| Decision Date |
Oct 11, 1957 |
| Hearing Date |
Oct 10, 1957 |
| Decision |
The Lahore High Court accepted the petition of Muhammad Zaman, determining that the orders of reversion and removal from the promotion list were illegal and void. The court emphasized that the petitioner was entitled to due process under the applicable laws, including the Government of India Act and Punjab Police Rules. The court found that the petitioner's reversion was effectively a punishment that required adherence to procedural safeguards, including the opportunity to show cause against the action. Consequently, the court directed that the impugned orders should not be treated as binding and awarded costs to the petitioner, to be borne by the government. |
| Summary |
This case revolves around the unlawful reversion of Muhammad Zaman from the position of an officiating Assistant Sub-Inspector of Police to that of a Head Constable without due process. The Lahore High Court ruled in favor of Zaman, highlighting the importance of procedural fairness as mandated by the Government of India Act, 1935, and the Punjab Police Rules. The court determined that the actions taken against Zaman constituted a punishment and therefore required compliance with legal protocols, including providing an opportunity for the petitioner to defend himself. The ruling emphasized the necessity for authorities to adhere to established legal frameworks when making decisions that affect the employment status of individuals. The decision serves as a precedent reinforcing the rights of police officers in Pakistan against arbitrary actions by superiors. This case is significant for understanding administrative justice and the enforcement of police regulations in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHABIR AHMAD,
MASUD AHMAD
|
| Lawyers |
Karam Ilahi Chauhan,
M. Z. Krtchlew
|
| Petitioners |
MUHAMMAD ZAMAN
|
| Respondents |
THE GOVERNMENT OF WEST PAKISTAN,
DEPUTY INSPECTOR GENERAL, POLICE, RAWALPINDI RANGE
|
| Citations |
1957 SLD 16,
1957 PLD 1030
|
| Other Citations |
Noorul Hassan v. Federation of Pakistan P L D 1956 S C (Pak) 331,
Writ Petition No. 42 of 1956,
Writ Petition No. 328 of 1956,
Writ Petition No. 109 of 1956
|
| Laws Involved |
Government of India Act, 1935,
Constitution of Pakistan, 1973,
Punjab Police Rules, 1934
|
| Sections |
240(3),
243,
170,
16'24 cl. (ix),
16'28,
16'33
|