| Case ID |
175e8e87-836f-4128-adf1-de2aae2984f4 |
| Body |
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| Case Number |
Writ Petitions Nos. 17807 and 19733 of 2000 |
| Decision Date |
Jan 23, 2001 |
| Hearing Date |
Jan 23, 2001 |
| Decision |
The Lahore High Court declared the order cancelling the appointments of the petitioners illegal and without lawful authority. The court emphasized that the letters issued to the petitioners did not provide valid reasons for their unsuitability for employment with the Commission. The court highlighted the requirement for the Commission to act reasonably and fairly in accordance with the relevant provisions of law, particularly noting the lack of a fair hearing and the absence of justified reasons for the cancellation of appointments. Consequently, the court allowed the writ petitions and invalidated the impugned letters while allowing the Commission to make a fresh decision in accordance with the law. |
| Summary |
This case involves the Lahore High Court's review of the cancellation of appointments of employees from the Corporate Law Authority by the Securities and Exchange Commission of Pakistan. The court found that the decision-making process lacked justification, violating the principles of fairness and reasonableness as mandated by the Securities and Exchange Commission of Pakistan Act, 1997, and the General Clauses Act, 1897. The court ruled in favor of the petitioners, allowing their writ petitions and ordering the Commission to reconsider their employment status in accordance with legal provisions. This case underscores the importance of transparency and accountability in administrative decision-making, particularly in matters involving employment rights and due process. |
| Court |
Lahore High Court
|
| Entities Involved |
Corporate Law Authority
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Malik Noor Muhammad Awan for Petitioner,
Hafiz Tariq Nasim for Respondent
|
| Petitioners |
NAVEED INAM CHEEMA
|
| Respondents |
SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN through Chairman
|
| Citations |
2001 SLD 1915,
2001 PLC 644
|
| Other Citations |
Not available
|
| Laws Involved |
Securities and Exchange Commission of Pakistan Act,
General Clauses Act,
Constitution of Pakistan
|
| Sections |
3,
22(3),
43(e),
24-A,
199
|