| Case ID |
0a07987b-b97f-4774-9195-da55aea4d199 |
| Body |
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| Case Number |
Civil Appeal No. 26-D of 1958 |
| Decision Date |
May 21, 1959 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal and recalled the writ issued by the Dacca High Court. It was held that the Judicial Secretary's order setting aside the appointment of Abdu Mia as Sheristedar was valid, as it was not merely a reversion but rather a requirement for the District Judge to make a fresh appointment in accordance with the relevant rules. The Court emphasized the importance of careful examination of official orders in service matters and concluded that the provisions of Article 181 of the Constitution were not applicable in this case. The decision aimed to uphold the integrity and efficiency of public service appointments and the need for adherence to proper procedural rules in administrative decisions. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed the implications of administrative decisions affecting public service appointments. The case revolved around the appointment of Muhammad Abdu Miah as Sheristedar, which was challenged by a rival officer, Maulvi Abdul Marian. The Judicial Secretary's intervention and subsequent order to set aside Abdu Miah's appointment raised significant questions regarding the interpretation of constitutional protections for civil servants. The Court ruled that the High Court had erred in its interpretation, clarifying that the process of appointment must adhere to established rules and that official acts are presumed to be performed with due diligence. This case reinforces the need for transparency and fairness in public service matters, ensuring that individual rights are balanced against the greater public interest. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of East Pakistan,
Dacca High Court,
District Judge of Tippera
|
| Judges |
MUHAMMAD MUNIR, C.J.,
M. SHAHABUDDIN,
A. R. CORNELIUS
|
| Lawyers |
B. A. Siddiky, Advocate General East Pakistan,
A. Hye Chowdhury, Advocate Supreme Court,
A. K. M. Nurul Islam, Advocate Supreme Court,
T. N. M. Nasir-ud-Din, Attorney for Appellants,
A. Wadud Mia, Attorney for Respondent
|
| Petitioners |
THE PROVINCE OF EAST PAKISTAN
|
| Respondents |
MUHAMMAD ABDU MIAH
|
| Citations |
1959 SLD 392,
1959 PLD 276
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1956),
Bengal Subordinate Services (Discipline and Appeal) Rules, 1936
|
| Sections |
181,
18,
20
|