| Case ID |
096ca14c-3aa8-46ca-bfaf-d14623493850 |
| Body |
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| Case Number |
Civil Petition No.233 of 2007 |
| Decision Date |
Mar 26, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitioners' appeal against the judgment of the Peshawar High Court, which had previously ruled in favor of the respondent, Dr. Waqar-ur-Rehman Qureshi. The court found that the actions taken by the authorities to repatriate the respondent to his parent department were unilateral and lacked due process, violating principles of natural justice. The court emphasized that no provision existed in the law to suspend or postpone the probation period beyond the stipulated time. The High Court's judgment was upheld as valid, reflecting sound reasoning in alignment with established legal principles. |
| Summary |
This case revolves around the employment status and rights of Dr. Waqar-ur-Rehman Qureshi, who was provisionally appointed as an Assistant Professor at Ayub Medical College. The key issue was whether the authorities could unilaterally repatriate him to his parent department without due process. The Supreme Court ruled that the High Court's decision was justified, highlighting that the actions taken against the respondent were not only against natural justice but also against the established norms of service laws. The ruling reinforces the importance of adhering to procedural fairness in employment matters, especially for government employees. The case is significant in the context of administrative law and the rights of employees under probationary periods, emphasizing that legal protections must be upheld to ensure justice and fairness in employment relations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Ayub Medical College,
Khyber College of Dentistry,
Overseas Employment Corporation
|
| Judges |
JAVED IQBAL,
ABDUL HAMEED DOGAR,
MIAN SHAKIRULLAH JAN
|
| Lawyers |
Muhammad Munir Peracha, Advocate Supreme Court
|
| Petitioners |
anothers,
CHIEF EXECUTIVE, AYUB MEDICAL INSTITUTION, ABBOTTABAD
|
| Respondents |
3 others,
Dr. WAQAR-UR-REHMAN QURESHI
|
| Citations |
2007 SLD 1418,
2007 SCMR 1442
|
| Other Citations |
Not available
|
| Laws Involved |
North West Frontier Province Medical Institutions Rules, 2001,
Constitution of Pakistan (1973)
|
| Sections |
R. 10,
Art. 185(3)
|