| Case ID |
0f634be3-ebd8-4cf1-88e6-18e36b871885 |
| Body |
View case body. Login to View |
| 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)
|