| Case ID |
1a469be2-fd42-4725-b3d4-a10dc5635459 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 104 of 1981 |
| Decision Date |
Jul 04, 1982 |
| Hearing Date |
Jul 04, 1982 |
| Decision |
The Supreme Court of Pakistan allowed the appeal, overturning the Lahore High Court's decision which had previously declared the dismissal of the respondent as unlawful. The Court held that the respondent was provided with a reasonable opportunity to defend himself during the inquiry process, and that the procedural requirements outlined in Regulation No. 31 of the State Life Employees (Service) Regulations, 1973 were adhered to. The Court emphasized that personal hearings are not mandated at every stage of the disciplinary process, and upheld the validity of the inquiry report which had found the respondent guilty of misconduct. Consequently, the dismissal was deemed lawful, and the High Court's order was set aside without any order as to costs. |
| Summary |
The Supreme Court of Pakistan adjudicated Civil Appeal No. 104 of 1981, concerning the dismissal of an employee from the Employees Old Age Benefits Institution. The case revolved around allegations of the respondent demanding illegal gratification from an employer, which led to an inquiry and subsequent dismissal. The Lahore High Court had set aside the dismissal, prompting the appeal. The Supreme Court examined the procedural adherence to the State Life Employees (Service) Regulations, particularly Regulation No. 31, which governs the dismissal procedures. The Court found that the respondent was granted a fair opportunity to present his defense during the inquiry, and that the dismissal was executed in accordance with legal standards. The ruling underscored the principles of natural justice as they relate to administrative proceedings, clarifying that personal hearings are not obligatory at all stages. The decision reinstated the authority of the employer's disciplinary actions, affirming the importance of procedural compliance in employment law. Keywords: Supreme Court, dismissal, inquiry, Employees Old Age Benefits Institution, natural justice, procedural compliance, administrative law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Employees Old Age Benefits Institution,
Messrs Latif Brothers Limited
|
| Judges |
MUHAMMAD HALEEM, ACTG. C.J.,
ZAFFAR HUSSAIN MIRZA,
MIAN BURHANUDDIN KHAN, JJ
|
| Lawyers |
Maulvi Sirajul Haq, Advocate,
M. A. Siddiqui, Advocate-on-Record,
Mian Saeedur Rehman Farukh, Advocate,
Ch. Akhtar Ali, Advocate-on-Record
|
| Petitioners |
|
| Respondents |
M. ISMAIL MUNAWAR
|
| Citations |
1984 SLD 387,
1984 SCMR 143
|
| Other Citations |
Abdul Latif Niazi v. Government of West Pakistan P L D 1967 S C 62,
Ghulam Muhammad v. Collector P L D 1973 Lah. 528,
Dawood Cotton Mills Limited v. Guftar Shah and another P L D 1981 S C 225
|
| Laws Involved |
Constitution of Pakistan (1973),
Employees Old-age Benefit Act (XIV of 1976),
State Life Employees (Service) Regulations, 1973
|
| Sections |
Art. 185 (3),
Art. 199,
S. 5,
Regln. 31
|