| Case ID |
2238027a-4093-4865-a0bd-47b6e01163a6 |
| Body |
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| Case Number |
High Court Appeal No. 70 of 2001 |
| Decision Date |
Mar 19, 2002 |
| Hearing Date |
Mar 05, 2002 |
| Decision |
The High Court accepted the appeal and remanded the case for its decision in accordance with law. The Court found that the Trial Court's dismissal of the suit under Article 212 of the Constitution was not sustainable, as the jurisdiction of civil courts was intact in this matter. The plaintiff's contention that the decision of the Selection Board was not justiciable before the Service Tribunal was upheld, allowing for a civil suit to challenge mala fide orders or those defying obligations. Thus, the case was remanded for further proceedings. |
| Summary |
In the case of High Court Appeal No. 70 of 2001, the Sindh High Court addressed the appeal concerning a civil servant, Habibur Rehman, who was denied promotion by the Selection Board despite being the most senior and eligible candidate. The Court scrutinized the jurisdictional limits set by Article 212 of the Constitution of Pakistan, reinforcing that civil courts could intervene in cases where the Selection Board's decisions were challenged on grounds of mala fides or non-compliance with legal obligations. The implications of this case extend to the rights of civil servants regarding promotions, highlighting the balance between administrative discretion and judicial oversight. This ruling emphasizes the need for fairness and legality in governmental actions involving civil servants, setting a precedent for similar cases. Keywords include 'civil service promotion', 'jurisdiction of civil courts', 'mala fide actions', and 'judicial oversight'. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SABIHUDDIN AHMED,
S. ALI ASLAM, JAFRI
|
| Lawyers |
M.M. Aqil,
Suleman Habibullah,
Shabir Ahmed Awan
|
| Petitioners |
HABIBUR REHMAN
|
| Respondents |
others,
DEFENCE SECRETARY OF GOVERNMENT OF SINDH COMMUNICATION
|
| Citations |
2003 SLD 2817 = 2003 PLC 56
|
| Other Citations |
I.A. Sherwani v. Government of Pakistan 1991 SCMR 1041,
Muhammad Ilyas Hussain v. Cantonment Board Rawalpindi PLD 1976 SC 785,
Irqan Ahmed Khurram v. Government of Pakistan PLD 1980 SC 153,
Abdul Hasib v. Muhammad Anis PLD 1994 SC 532,
Mian Abdul Malik v. Dr. Sabir Zamir Siddiqui and others 1991 SCMR 1129,
Bashir Ahmed v. District Judge Gujranwala 1983 PLC (C.S.) 652,
Syed Muhammad Afzal Farooque v. Secretary Establishment Division 1998 PLC S.) 1175
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908),
Sindh Service Tribunals Act (XV of 1973),
Constitution of Pakistan (1973)
|
| Sections |
42,
54,
56,
9,
O. VII, R. 11,
4,
212
|