| Case ID |
0be2ad40-5e1c-46b1-8aa6-8f629c304cc3 |
| Body |
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| Case Number |
Writ Petition No. 9179 of 1980 |
| Decision Date |
Sep 16, 1980 |
| Hearing Date |
|
| Decision |
The writ petition filed by Turaj Ahmad Khan for the quashment of the order of the Deputy Inspector-General of Police, Multan Range, dated 1-3-1980, was accepted. The court found that the Deputy Inspector-General had acted without lawful authority in ordering departmental action against the petitioner after a previous order that no action should be taken. The court emphasized that the order of the Superintendent of Police, Sahiwal, communicated to the petitioner and acted upon, conferred vested rights upon the petitioner. The Deputy Inspector-General's order was declared illegal and without effect. |
| Summary |
In the case of Turaj Ahmad Khan vs. D.I.G., Police, Multan, the Lahore High Court addressed the issue of departmental action against a police officer who had previously been pardoned by the Governor. The court established that under the Police Rules, 1934, a senior officer's order, once communicated and acted upon, grants vested rights that cannot be revoked without lawful authority. This case highlights the importance of adhering to established procedures and the rights of individuals under administrative law. The ruling reinforces the principles of justice and the protection of civil service rights, especially in scenarios involving pardons and reinstatement. The decision underscores the significance of lawful authority in administrative actions and the implications of vested rights in public service. Overall, this case serves as a precedent for similar future cases involving administrative law and the rights of public servants. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Rustam S. Sldhwa, J
|
| Lawyers |
Iqbal Ahmad Malik,
Khalil Ramday A. A.G., Punjab
|
| Petitioners |
Turaj Ahmad Khan
|
| Respondents |
D.I.G., Police, Multan
|
| Citations |
1982 SLD 828,
1982 PLD 464
|
| Other Citations |
Pakistan v. Muhammad Himayat Ullah P L D 1969 S C 407,
D. I.-G., Police v. Ch. Gulzar Ahmad 1973 S C M R 24
|
| Laws Involved |
Police Rules, 1934,
West Pakistan General Clauses Act (VI of 1956)
|
| Sections |
16.28,
16.23,
20
|