| Case ID |
15427c9f-3060-484a-a643-7361dc4b223a |
| Body |
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| Case Number |
Civil Appeal No. 197 of 1993 |
| Decision Date |
Dec 03, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal of Muhammad Saleem Premi, setting aside the order of compulsory retirement imposed by the Deputy Postmaster-General. The Court found that the authority had failed to record sufficient reasons for not providing a show-cause notice before the dismissal, which violated the principles of natural justice. The Court emphasized that Rule 8(b) of the Government Servants (Efficiency and Discipline) Rules, 1973, which allows for such a dismissal without inquiry, must be strictly construed and applied only in exceptional circumstances. The lack of documented reasons for invoking this provision rendered the dismissal illegal and without jurisdiction, leading to the reinstatement of the appellant with all consequential benefits. |
| Summary |
In the case of Muhammad Saleem Premi vs. Deputy Postmaster General, Lahore, the Supreme Court of Pakistan addressed the legality of a compulsory retirement order issued under Rule 8(b) of the Government Servants (Efficiency and Discipline) Rules, 1973. The appellant was dismissed from service without being given an opportunity to respond to the charges against him, a requirement under the principles of natural justice. The Court ruled that the authority failed to provide adequate justification for bypassing the normal inquiry process, which includes issuing a show-cause notice. The judges emphasized the need for strict adherence to procedural fairness, especially when dealing with dismissals that have serious implications for a government servant's career. This case highlights the importance of due process in administrative actions and the necessity for authorities to document their reasoning when deviating from standard procedures. The ruling ultimately reinstated the appellant, underscoring the Court's commitment to protecting the rights of civil servants against arbitrary actions by governmental authorities. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SALEEM AKHTAR,
MANZOOR HUSSAIN SIAL,
MIR HAZAR KHAN KHOSO
|
| Lawyers |
Hafiz S.A. Rehman,
Rana Maqbool Ahmad Qadri,
Muhammad Munir Peracha,
Ch. Akhtar Ali
|
| Petitioners |
MUHAMMAD SALEEM PREMI
|
| Respondents |
2 others,
DEPUTY POSTMASTERGENERAL, LAHORE
|
| Citations |
1996 SLD 559,
1996 PLC 539
|
| Other Citations |
Not available
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973,
Constitution of Pakistan (1973)
|
| Sections |
8(b),
5,
6,
212(3)
|