| Case ID |
1f0d37bd-d613-4b03-b73e-525c8e2cf7c8 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 1860 of 199 |
| Decision Date |
Jan 05, 1999 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the order of the Punjab Service Tribunal, which had denied the petitioner's request for interim relief regarding his transfer. The Court found no legal infirmity in the Tribunal's discretion to deny the stay order, as the petitioner had already been relieved from his duties. The decision emphasized the Tribunal's authority to assess the circumstances surrounding the request for interim relief, ultimately concluding that the petition lacked merit. |
| Summary |
In the case of Pervaiz Nazir Bhutta vs. Secretary, Local Government and Rural Development Department, the Supreme Court of Pakistan addressed issues concerning the transfer of a civil servant and the discretion of the Punjab Service Tribunal to grant interim relief. The petitioner, Pervaiz Nazir Bhutta, contested his transfer on grounds of political influence, claiming the order was void. After his appeal was dismissed by the Tribunal, he sought leave to appeal from the Supreme Court. The Court upheld the Tribunal's decision, stating that it had appropriately exercised its discretion and found no grounds for interference. This case highlights the complexities of employment law within government agencies and the role of the courts in overseeing administrative decisions. Key legal principles from the Punjab Service Tribunals Act and the Constitution of Pakistan were referenced, illustrating the legal frameworks surrounding civil service transfers and the rights of public servants. The outcome reinforces the importance of procedural integrity within administrative processes and the limited scope for judicial intervention in matters of discretion exercised by tribunals. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN, C.J.,
MUNAWAR AHMED MIRZA,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
Shaukat Ali Mehr,
Ch. Mehdi Khan Mehtab
|
| Petitioners |
PERVAIZ NAZIR BHUTTA
|
| Respondents |
others,
SECRETARY, LOCAL GOVERNMENT AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF PUNJAB
|
| Citations |
1999 SLD 461,
1999 SCMR 2246
|
| Other Citations |
Imran Raza Zaidi v. Government of Punjab 1996 SCMR 465 ref.
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974),
Constitution of Pakistan (1973)
|
| Sections |
4,
Art. 212 (3)
|