| Case ID |
17866b06-49b9-4ec1-9044-33d13ba4bc6e |
| Body |
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| Case Number |
Civil Petition No.100 of 1975 |
| Decision Date |
Mar 25, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, affirming the Lahore High Court's decision that the termination of the respondent's services was illegal and without lawful authority. The court found that the respondent, who was at least a confirmed Assistant Vernacular Clerk (A.V.C.), had a right to a show-cause notice and an opportunity to be heard before his termination. The court emphasized the importance of treating similarly situated employees equally and noted that the respondent's treatment was arbitrary compared to that of his colleague, Muhammad Saadullah, who had been reinstated despite not meeting the qualifications. The court's decision underlined the necessity of adhering to principles of natural justice in employment matters. |
| Summary |
This case revolves around the termination of Ashiq Ali, a civil servant in the Punjab Irrigation Department, before the expiry of his extended probation period. The Supreme Court of Pakistan reviewed the legality of the termination under the relevant service rules and the Constitution of Pakistan. The court highlighted that Ashiq Ali had a right to a show-cause notice and to be heard, as he was considered a confirmed A.V.C. The court referred to previous rulings that established the necessity of due process in cases of termination, particularly when no misconduct was alleged. The judgment emphasized equal treatment under the law, noting that another employee in a similar situation was reinstated, thus questioning the fairness of the termination. The Supreme Court ultimately upheld the Lahore High Court's ruling that the termination was illegal, reaffirming the principles of natural justice and the right of civil servants to fair treatment in employment matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
Karam Elahee Chauhan,
Nasim Hasan Shah
|
| Lawyers |
|
| Petitioners |
,
The Secretary to the Government of Punjab, Irrigation Department
|
| Respondents |
Ashiq Ali
|
| Citations |
1991 SLD 1086,
1991 SCMR 981
|
| Other Citations |
Chief Commissioner, Karachi v. Dina Sohrab Katrak P L D 1959 S C 45,
Muhammad Siddiq Javaid Ch. v. Government of West Pakistan P L D 1974 S C 393,
The Province of the Punjab v. Muhammad Sharif P L D 1959 S C 61
|
| Laws Involved |
Constitution of Pakistan (1973),
Bahawalpur State Zilledar Service Rules, 1934,
West Pakistan Irrigation Department Zilledar Service Rules, 1963
|
| Sections |
Art.212(3),
Rr. 6,
8(b),
R.11
|