| Case ID |
15ffb0fc-5447-4537-9ab9-362eecfee5c4 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 697 |
| Decision Date |
Jan 25, 1986 |
| Hearing Date |
Jan 25, 1986 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal to consider whether the District Court and the High Court were justified in holding that the notice of discharge issued to Muhammad Munir was invalid as it was not issued by the appropriate appointing authority, which in this case was the Superintendent (Mechanical Workshop). The Court emphasized that the legal principles regarding the authority to issue discharge notices must be adhered to, and it was essential to determine if the Works Manager had the requisite authority to act in this matter. The stay previously granted was ordered to continue, allowing for further deliberation on the legal nuances of the case. |
| Summary |
This case revolves around a civil petition concerning the discharge of a railway employee, Muhammad Munir, who was accused of receiving illegal gratification. The Works Manager issued a notice of discharge, which was challenged in court. The District Court and High Court found the notice invalid as it was not issued by the appropriate authority, leading to the Government's appeal to the Supreme Court. The Supreme Court's decision focused on the validity of the discharge notice and the authority of the Works Manager. This case highlights critical legal principles regarding employment law, authority in administrative actions, and procedural fairness in disciplinary matters. Key terms in this case include 'discharge notice', 'authority', 'judicial review', and 'administrative law', which are essential for understanding the implications of the ruling and its relevance to similar cases. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Muhammad Afzal Zullah
|
| Lawyers |
Ch. Fazal-i-Hussain,
Haji Muhammad Aslam,
Ch. Qamarud Din Meo,
Kh. Muhammad Asif
|
| Petitioners |
Government of Pakistan
|
| Respondents |
Muhammad Munir
|
| Citations |
1986 SLD 845,
1986 SCMR 1357
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
185(3)
|