| Case ID |
209d3f32-cdbf-4f6b-b15f-250d9b486f38 |
| Body |
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| Case Number |
Civil Petition No. 522-R of 1989 |
| Decision Date |
Oct 23, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal from the judgment of the Lahore High Court which had accepted the writ petition due to the lack of personal hearing afforded to the petitioner by the competent authority before inflicting punishment. The court ruled that the impugned order was declared to have been passed without lawful authority and of no legal effect. The court considered the arguments presented by the petitioner regarding the consequences and the nature of departmental proceedings that followed the initial illegality. The court's decision emphasized the need for natural justice and procedural correctness in administrative actions. |
| Summary |
The case revolves around a petition for leave to appeal concerning the principles of natural justice and the legality of departmental proceedings against an employee of the National Bank of Pakistan. The Lahore High Court had previously ruled in favor of the employee due to the absence of a personal hearing before punishment was meted out. The Supreme Court, while granting leave to appeal, highlighted that even if the High Court found the order illegal, the maximum relief could only declare subsequent departmental actions as lacking lawful authority, without affecting the entire proceedings from the beginning. This case underscores the importance of fair administrative processes and the necessity for authorities to adhere to established legal principles, ensuring that individuals are afforded their rights during disciplinary actions. The decision could have significant implications for similar cases involving administrative justice and the enforcement of lawful procedures within public institutions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
NATIONAL BANK OF PAKISTAN
|
| Judges |
ABDUL KADIR SHAIKH,
S. USMAN ALI SHAH
|
| Lawyers |
Mr. K.M.A. Samdani
|
| Petitioners |
and others,
MUHAMMAD AKRAM KHAN
|
| Respondents |
NATIONAL BANK OF PAKISTAN
|
| Citations |
1991 SLD 1260,
1991 SCMR 1535
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|