Legal Case Summary

Case Details
Case ID 0f634be3-ebd8-4cf1-88e6-18e36b871885
Body View case body.
Case Number Civil Petition No195-L of 1997
Decision Date Jul 20, 1998
Hearing Date Jul 20, 1998
Decision The Supreme Court dismissed the petition for leave to appeal, affirming the decision of the Punjab Service Tribunal which had reinstated the respondent, Ijaz Haider, into service. The Tribunal found that the Department failed to conduct a regular inquiry against the respondent and that the show-cause notice issued was treated as a preliminary inquiry. The Court emphasized that the lack of formal charges and the inability of the respondent to defend himself due to the absence of inquiry report constituted a violation of due process, leading to the conclusion that the dismissal was unjustified.
Summary In the case of Civil Petition No195-L of 1997, the Supreme Court of Pakistan examined the procedural fairness in the dismissal of Ijaz Haider from his position by the Department of Police. The pivotal issue revolved around whether a proper inquiry was conducted before the dismissal. The Tribunal determined that the inquiry was inadequate, noting that the respondent was not formally charged or given an opportunity to contest the allegations against him. As a result, the Tribunal reinstated him, which was upheld by the Supreme Court. This case underscores the importance of adhering to procedural justice in administrative dismissals, highlighting the necessity for departments to conduct thorough investigations before taking disciplinary action. Relevant keywords include 'judicial review', 'administrative law', 'due process', 'service tribunal', and 'employment rights'.
Court Supreme Court of Pakistan
Entities Involved Department of Police
Judges KHALIL-UR-REHMAN KHAN, CH. MUHAMMAD ARIF
Lawyers Muhammad Anwar Ghuman, Rao Muhammad Yusuf Khan
Petitioners others, SUPERINTENDENT OF POLICE HEADQUARTER, RAWALPINDI
Respondents IJAZ HAIDER
Citations 2000 SLD 1088, 2000 SCMR 1868, 2000 SLD 1502
Other Citations Not available
Laws Involved Constitution of Pakistan (1973)
Sections Art.212(3)