| Case ID |
2292e865-4715-440e-a258-0e757e170b75 |
| Body |
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| Case Number |
7(14) of 1978 |
| Decision Date |
Apr 03, 1978 |
| Hearing Date |
Jul 23, 1978 |
| Decision |
The appeal has been dismissed with costs due to the nullity of the reinstatement order. The court emphasized that a void order does not require a formal rescission and can be ignored. The reinstatement order was deemed invalid as it was not issued by the competent authority, which in this case was the Governor of Baluchistan. The court further clarified that allegations of fraud raise mixed questions of law and fact, and such orders can only be voidable at the instance of the adversely affected party. The ruling reinforces the importance of following procedural legality in administrative actions. |
| Summary |
This case revolves around the dismissal and subsequent reinstatement of Ghulam Mujtaba Khan, an Executive Engineer in the Communication and Works Department of Baluchistan. The Service Tribunal addressed the legality of the dismissal order issued by the Governor and the reinstatement order by a minister. It was determined that the minister lacked the authority to reinstate Khan, rendering the reinstatement a nullity. The case highlighted the importance of following proper legal procedures and the implications of void orders in administrative law. Essential keywords include 'Service Tribunal', 'General Clauses Act', 'dismissal', 'reinstatement', 'administrative law', 'Balochistan', and 'judicial review'. |
| Court |
Service Tribunal, Balochistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL QADEER CHAUDHARY,
MUHAMMAD HASSAN BALUCH,
BAHLUL KHAN NASIR
|
| Lawyers |
Basharatullah,
Assistant Advocate-General
|
| Petitioners |
GHULAM MUJTABA KHAN
|
| Respondents |
PROVINCE OF BALUCHISTAN AND ANOTHER
|
| Citations |
1979 SLD 881,
1979 PLC 1
|
| Other Citations |
PLD1970SC439,
PLD1956FC46,
PLD1965Quetta,
PLD 1975 S C 331,
P L D 1976 S C 208,
P L D 1959 P C 108,
P L D 1976 Kar. 595,
P L D 1975 Kar. 495,
P L D 1975 Lah. 859,
P L D 1964 S C 97,
P L D 1965 Quetta 279
|
| Laws Involved |
General Clauses Act
|
| Sections |
21
|