| Case ID |
19ef58b9-f74c-4e4a-9d22-72caa44aae8a |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 1254 of 1997 |
| Decision Date |
Oct 04, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court overturned the decisions of the Lahore High Court, ruling that the inquiry conducted against Allah Yar was flawed and did not adhere to the proper procedures outlined in the Railways Servants (Efficiency and Discipline) Rules, 1975. The Court found that the mandatory formalities were not followed, leading to a serious miscarriage of justice. Consequently, the appellant was reinstated with back benefits from the date of his dismissal. |
| Summary |
In the case of Allah Yar vs. General Manager, Railways Headquarters, Lahore, the Supreme Court of Pakistan examined the procedural adherence in disciplinary actions against railway employees. The case stemmed from an appeal against a dismissal that was later converted to compulsory retirement. The Court highlighted the importance of following administrative procedures and principles of natural justice in disciplinary inquiries. It was determined that the inquiry against Allah Yar lacked the necessary formalities, thereby rendering the dismissal and subsequent actions legally invalid. The judgment emphasized that arbitrary exercise of discretion in disciplinary matters could lead to discrimination, and the rights of the employee must be safeguarded. The ruling reinstated Allah Yar, affirming the need for fair treatment within public service regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
DEEDAR HUSSAIN SHAH,
JAVED IQBAL
|
| Lawyers |
Muhammad Aslam Sindhu,
Mahmudul-Islam
|
| Petitioners |
ALLAH YAR
|
| Respondents |
another,
GENERAL MANAGER, RAILWAYS HEADQUARTERS, LAHORE
|
| Citations |
2001 SLD 1315,
2001 SCMR 256
|
| Other Citations |
University of Dacca v. Zakir Ahmad PLD 1965 SC 90,
Osman Abdul Karim Bawaney v. Collector of Customs, Chittagong PLD 1962 Dacca 162,
Muhammad Nawaz Khan v. Pakistan PLD 1970 Lah. 811,
Shafiullah Khan v. Government of West Pakistan PLD 1970 Pesh. 176,
AIR 1954 Bom. 351,
PLD 1971 Lah. 734,
Abdul Hafeez v. Chairman, Municipal Corporation, Lahore PLD 1967 Lah. 1251,
1992 CLC 219,
AIR 1965 All. 275,
AIR 1952 SC 75
|
| Laws Involved |
Railways Servants (Efficiency and Discipline) Rules, 1975,
Constitution of Pakistan (1973)
|
| Sections |
4,
212(3)
|