| Case ID |
0bb3ec15-ad16-4cad-8375-e2401c8c39e3 |
| Body |
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| Case Number |
Civil Petitions Nos.660-P, 661-P and 662-P of 2006 |
| Decision Date |
Feb 06, 2009 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petitions for leave to appeal filed by the District Coordination Officer and others, affirming the decision of the N.-W.F.P Service Tribunal. The Tribunal had restored the appointments of the respondents, who were Arabic Teachers, after finding that their termination lacked proper inquiry and due process. The Court held that civil servants cannot be adversely affected for irregularities committed by the appointing department. The judgment emphasized the necessity of following lawful procedures and issuing appropriate notices before termination. The Court reiterated that any irregularity by the appointing authority cannot harm the appointees. |
| Summary |
This case revolves around the termination of civil servants' appointments without due process. The Supreme Court of Pakistan reviewed the case where Arabic Teachers, Rozi Khan and others, challenged the withdrawal of their appointments by the District Coordination Officer. The Court highlighted the importance of lawful procedures in employment matters, ensuring that civil servants are not unjustly terminated without proper inquiry, such as issuing charge sheets or show-cause notices. The judgment reiterated that any irregularities committed by the appointing department cannot adversely affect the appointees. This case upholds the principles of fairness and justice in administrative actions, ensuring that the rights of civil servants are protected under the Constitution of Pakistan, 1973. The ruling serves as a precedent for similar cases involving employment rights and procedural fairness in administrative decisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Higher Education Commission,
District Coordination Officer, District Dir Lower,
N.-W.F.P Service Tribunal,
Model Dini Madaris Board
|
| Judges |
IJAZ-UL-HASSAN KHAN,
MUHAMMAD QAIM
|
| Lawyers |
Mr. Tasleem Hussain,
Mr. Ijaz Anwar
|
| Petitioners |
others,
DISTRICT COORDINATION OFFICER, DISTRICT DIR LOWER
|
| Respondents |
others,
ROZI KHAN
|
| Citations |
2009 SLD 1682,
2009 SCMR 663
|
| Other Citations |
2004 SCMR 303,
2002 PLC (C.S.) 47,
2004 SCMR 1662,
2007 PLC (C.S.) 179
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
212(3)
|