| Case ID |
0f9b2958-9099-4de3-bdff-e406b6f5dbed |
| Body |
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| Case Number |
Writ Petition No. 546 of 1986 |
| Decision Date |
May 31, 1989 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the writ petition of Sh. Muhammad Yaqoob Khan, ruling that the order of premature retirement issued by the Chairman of the Municipal Committee was ultra vires and without lawful authority. It was determined that the Chairman had acted without proper jurisdiction, as the Municipal Committee had not been consulted following the remand order from the Deputy Commissioner. The court reinstated the petitioner with back benefits, emphasizing that the procedural norms and authority outlined in the relevant local council rules had not been adhered to, thus rendering the retirement order invalid. |
| Summary |
In the case of Sh. Muhammad Yaqoob Khan vs. Municipal Committee, the Lahore High Court addressed the legality of a premature retirement order issued against the petitioner after he completed 25 years of service. The court examined the procedural deficiencies in the issuance of the retirement order, emphasizing the necessity for the Municipal Committee to follow due process as stipulated in the Punjab Local Councils and Municipal Committees Servants (Retirement), Rules, 1966. The court found that the Chairman's unilateral decision without the Committee's consultation was invalid. Furthermore, it highlighted the importance of communicating adverse entries in an employee's record, as their non-communication rendered them unusable against the employee. The ruling reinstated the petitioner, underscoring the significance of lawful authority and procedural compliance in administrative decisions. This case is pivotal for understanding the rights of local council employees and the procedural safeguards in place to protect them from arbitrary administrative actions. |
| Court |
Lahore High Court
|
| Entities Involved |
Municipal Committee, Toba Tek Singh,
Deputy Commissioner, Toba Tek Singh
|
| Judges |
ABDUL WAHEED, J
|
| Lawyers |
A. Karim Malik for Petitioner,
Ch. Ata Ullah for Respondents Nos. 1 and 2,
Muhammad Akhtar for Respondent No. 3
|
| Petitioners |
Sh. MUHAMMAD YAQOOB KHAN
|
| Respondents |
MUNICIPAL COMMITTEE,
Deputy Commissioner, Toba Tek Singh
|
| Citations |
1989 SLD 2808 = 1989 PLC 837
|
| Other Citations |
Lt.-Col. Farzand Ali and others v. Province of West Pakistan through the Secretary, Department of Agriculture, Government of West Pakistan, Lahore P L D 1970 S C 98,
Raja Muhammad Niaz Khan Ex-Chairman, Azad Kashmir Mineral and Industrial Development Corporation v. Azad Government of the State of Jammu and Kashmir, Muzaffarabad P L D 1988 S C (AJ&K) 53,
Federation of Pakistan through the Secretary, Establishment Division, Government of Pakistan, Rawalpindi v. Saeed Ahmad Khan and others P L D 1974 S C 151
|
| Laws Involved |
Punjab Local Councils and Municipal Committees Servants (Retirement), Rules, 1966,
Punjab Local Councils (Business) Rules, 1980,
Constitution of Pakistan (1973)
|
| Sections |
4,
8,
9(1)(c),
199
|