| Case ID |
175f127f-7bce-48b1-966c-14c0f7e22e03 |
| Body |
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| Case Number |
Civil Appeals Nos.45 to 159 of 1986, Civil Appeal |
| Decision Date |
Jun 09, 1987 |
| Hearing Date |
Jun 09, 1987 |
| Decision |
The Supreme Court of Pakistan addressed the civil appeals and a civil petition related to the termination of service of personnel from the defunct Federal Security Force. The Court found that the Service Tribunal had erred in dismissing the appeals based on limitation, as it was determined that the whole question was being reconsidered on merits. It was held that the summary discharge of employees was violative of the provisions of the Civil Servants Act, 1973. Consequently, the appeals were allowed, and the orders of discharge were declared without lawful authority, reinstating the employees with back benefits subject to certain conditions. |
| Summary |
The Supreme Court of Pakistan adjudicated on multiple civil appeals concerning the termination of services of former personnel of the Federal Security Force. The controversy arose following the disbandment of the Force and subsequent summary discharges of its members. The Court examined the legal ramifications of the Service Tribunals Act, Civil Servants Act, and relevant constitutional provisions. It emphasized the importance of adhering to legal procedures regarding termination and reinstatement of government employees. The decision underscored the necessity for lawful authority in discharging employees and recognized the employees' rights under the Civil Servants Act. The ruling set a precedent for similar cases involving civil servants and their rights upon termination, highlighting the need for compliance with established legal frameworks in public service. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
FEDERATION OF PAKISTAN,
Federal Security Force
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
ZAFFAR HUSSAIN MIRZA,
ALI HUSSAIN QAZILBASH, JJ
|
| Lawyers |
Not available
|
| Petitioners |
others,
MUHAMMAD AZAM JAVAID
|
| Respondents |
FEDERATION OF PAKISTAN
|
| Citations |
1988 SLD 2636,
1988 SCMR 1458
|
| Other Citations |
P L D 1971 S C 846
|
| Laws Involved |
Service Tribunals Act, 1973,
Civil Servants Act, 1973,
Constitution of Pakistan, 1973
|
| Sections |
4,
10,
11,
212(3)
|