| Case ID |
20f20c37-b10d-4c25-9aac-a9fcbb783252 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 2120 of 1988 |
| Decision Date |
Sep 26, 1988 |
| Hearing Date |
|
| Decision |
The court found that the petitioner was wrongfully dismissed from his position as an Octroi Muharrir due to a lack of proper inquiry and that the dismissal order was issued by an incompetent authority. The petitioner was not given a fair chance to defend himself, as no inquiry was conducted to substantiate the allegations against him. The dismissal order was declared to be without lawful authority and of no legal effect. The court allowed the writ petition, but it left the authority open to pass fresh orders if they chose to do so, in accordance with the law. |
| Summary |
In this significant case decided by the Lahore High Court, the petitioner, Ghulam Nabi Alvi, challenged his dismissal from the Town Committee, Jamke Cheema, on grounds of being condemned unheard. The court emphasized the importance of conducting a proper inquiry before dismissing an employee and ruled that the dismissal order was issued by the Vice-Chairman, who lacked the authority to do so. The judgment underlined the necessity of due process in administrative actions and reinforced the legal principles surrounding employment rights. This case serves as a critical reference for future employment law matters, particularly regarding the procedural safeguards that must be upheld in disciplinary actions against public servants. Keywords like 'employment rights', 'due process', 'administrative law', and 'public service dismissal' are essential for understanding the implications of this ruling and its relevance in contemporary legal discussions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ZIA MAHMOOD MIRZA, J
|
| Lawyers |
Asmat Kamal Khan
|
| Petitioners |
GHULAM NABI ALVI
|
| Respondents |
another,
TOWN COMMITTEE, JAMKE CHEEMA
|
| Citations |
1990 SLD 1598,
1990 PLC 15
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
199
|