| Case ID |
0b199431-4c9a-44a8-9913-e50f176cee1f |
| Body |
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| Case Number |
Civil Petitions Nos. D-1212 (Karachi) and D-146/(H |
| Decision Date |
Mar 31, 1988 |
| Hearing Date |
|
| Decision |
The Sindh High Court declared the impugned order terminating the petitioners' services without a show-cause notice as unlawful and void. The court emphasized that such termination violated the principles of natural justice and lacked lawful authority. Consequently, the impugned order was set aside, rendering it of no legal effect. The respondents were granted the liberty to take any permissible actions under the law, and both parties were directed to bear their own costs. |
| Summary |
In the landmark case presented before the Sindh High Court on March 31, 1988, petitioners Saleem Akhtar and Allahdino G. Memon challenged the termination of their services by The Board of Intermediate and Secondary Education, Hyderabad. Appointed as Stores Officers in Grade-16 in 1977, the petitioners were later transferred to Superintendent Grade-16 positions. Allegations arose that the respondent favored another employee by demoting the petitioners without issuing a show-cause notice, a move contravening the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, specifically Rule 4, and Article 199 of the Constitution of Pakistan, which safeguards civil servants against unjust termination devoid of natural justice. Represented by G.M. Saleem and Abdul Rahim Kazi, the petitioners argued that the termination was mala fide and lacked constitutional jurisdiction. The Sindh High Court, presided over by Justices Saleem Akhtar, Allahdino G. Memon, and Sadiq Ali H. Lakhani, found merit in these claims. The court highlighted the absence of a show-cause notice as a breach of procedural fairness and principles of natural justice. Consequently, the court annulled the termination order, affirming that it was passed without lawful authority and had no legal effect. The respondents were advised to pursue any lawful actions within the bounds of the law, while both parties were ordered to cover their respective legal costs. This decision underscores the judiciary's commitment to upholding the rights of civil servants and ensuring that administrative actions adhere strictly to established legal and constitutional frameworks. |
| Court |
Sindh High Court
|
| Entities Involved |
Constitution of Pakistan (1973),
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975,
THE BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, HYDERABAD
|
| Judges |
SALEEM AKHTAR,
ALLAHDINO G. MEMON,
SADIQ ALI H. LAKHANI
|
| Lawyers |
G.M. Saleem,
Pir Bux Khameesani,
Abdul Rahim Kazi
|
| Petitioners |
SALEEM AKHTAR,
ALLAHDINO G. MEMON
|
| Respondents |
THE BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, HYDERABAD
|
| Citations |
1989 SLD 1389,
1989 PLC 536
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975,
Constitution of Pakistan (1973)
|
| Sections |
R. 4,
Art. 199
|