| Case ID |
1030d960-efed-4a79-8efa-21ab03fc1972 |
| Body |
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| Case Number |
Writ Petition No. 5565 of 1990 |
| Decision Date |
Oct 19, 1992 |
| Hearing Date |
Sep 22, 1992 |
| Decision |
The Lahore High Court ruled in favor of Dr. Mrs. Khalida Razi, declaring the order of compulsory retirement as unwarranted and of no legal effect. The court found that the procedure prescribed under the Government Servants (Efficiency and Discipline) Rules was not followed, particularly regarding the non-supply of the inquiry report to the petitioner. The court emphasized the importance of providing a reasonable opportunity for defense in disciplinary proceedings. The decision highlighted the bias of the Authorized Officer who had lodged complaints against the petitioner, rendering his actions invalid. The court also noted that the petitioner had acted vigilantly in seeking redress for her grievances, countering claims of laches. As a result, the petition was accepted, and the order of compulsory retirement was overturned. |
| Summary |
In the case of Dr. Mrs. Khalida Razi vs. Federation of Pakistan, the Lahore High Court examined the validity of the compulsory retirement of the petitioner from her position in the PCSIR. The petitioner argued that her retirement was unjust and based on procedural errors, particularly the failure to provide her with the inquiry report related to allegations against her. The court found that the Authorized Officer acted with bias and that the rules governing government servants' disciplinary actions were not adhered to, specifically the requirement to provide the accused with a chance to respond to findings. This case underscores the critical importance of due process in disciplinary matters and the court's role in protecting the rights of civil servants. The decision serves as a reminder of the legal safeguards available to government employees under the Constitution and existing laws, emphasizing accountability and transparency in administrative actions. |
| Court |
Lahore High Court
|
| Entities Involved |
Pakistan Council of Scientific and Industrial Research (PCSIR)
|
| Judges |
MANZOOR HUSSAIN SIAL, J
|
| Lawyers |
Muhammad Rashid Malik for Petitioner,
Faqir Muhammad Khokhar DA. -G. and Ahmad Hassan Khan for Respondents Nos., 2 and 4
|
| Petitioners |
Dr. Mrs. KHALIDA RAZI
|
| Respondents |
FEDERATION OF PAKISTAN and others
|
| Citations |
1993 SLD 1116,
1993 PLC 10
|
| Other Citations |
Syed Mir Muhammad v. N. W.F.P. Government through Chief Secretary PLD 1981 SC 176,
Federation of Pakistan and 2 others v. Abdul Razzaq 1983 SCMR 229,
The Principal, Cadet College, Kohat and another v. Muhammad Shoab Qureshi PLD 1984 SC 170,
Anwar Hussain v. Agricultural Development Bank of Pakistan and another PLD 1984 SC 194,
Karachi Development Authority and another v. Wali Ahmed Khan and others 1991 SCMR 2434
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973,
Constitution of Pakistan (1973)
|
| Sections |
R. 4,
Art. 199
|