| Case ID |
2348d49b-f45f-4fbc-8a8b-75ba33927657 |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 11-M of 2019 |
| Decision Date |
Sep 17, 2019 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the writ petition filed by Sajjad Hussain, a contract employee in the Police Department, seeking reinstatement after being terminated due to involvement in a criminal case. The court ruled that the petitioner had no right to maintain a constitutional petition for reinstatement since he was a contract employee and had not been provided the right to a proper inquiry. The court highlighted that the petition was also hit by the doctrine of laches as it was filed several years after the termination. Moreover, the petitioner was found guilty during departmental investigations, and the court stated that he could not seek similar treatment as regular employees. The decision emphasized that contract employees do not have the same rights as regular employees concerning inquiries and reinstatement. |
| Summary |
In the case of Sajjad Hussain vs. Government of Khyber Pakhtunkhwa, the Peshawar High Court addressed issues surrounding the termination of a contract employee in the police force. Sajjad Hussain, who was terminated after being involved in a criminal case, argued for reinstatement based on his acquittal. The court, however, ruled that contract employees do not have the same rights as regular employees regarding reinstatement and inquiries. The petition was dismissed based on the doctrine of laches, as it was filed several years after the termination. The court's decision underscored the legal distinction between contract employees and regular employees in terms of rights and procedural protections. This case highlights key principles concerning employment law in Pakistan, particularly regarding the rights of contract employees and the importance of timely legal action. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ARSHAD ALI,
JUSTICE WIQAR AHMAD
|
| Lawyers |
Muhammad Arif
|
| Petitioners |
SAJJAD HUSSAIN CONSTABLE NO. 1076, SPECIAL FORCE DISTRICT SWAT
|
| Respondents |
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH HOME SECRETARY AND 2 OTHERS
|
| Citations |
2020 SLD 1763,
2020 PLC 822
|
| Other Citations |
WAPDA through Chairman and others v. Abdul Ghaffar 2018 SCMR 380,
Aamir Junaid and 143 others v. Government of the Punjab through Chief Secretary and 5 others 2014 PLC (C.S.) 1,
The Secretary, Government of the Punjab through Secretary, Health Department, Lahore and others v. Riaz-ul-Haq 1997 SCMR 1552,
Civil Aviation Authority through Director General and 3 others v. Mir Zulfiqar Ali and another 2016 SCMR 183,
Umar Baz Khan through L.Hrs. v. Syed Jehanzeb and others PLD 2013 SC 268,
Federation of Pakistan and another v. Hashim Khan Qureshi 1987 SCMR 156,
Government of Balochistan v. Dr. Zahida Kakar 2005 SCMR 642,
Khwaja Abdul Hameed Nasir and others v. National Bank of Pakistan and others 2003 SCMR 1030,
A.C./Administrator, Municipal Committee, Lakki Marwat, N.W.F.P v. Izzat Khan and 12 others 2000 SCMR 777,
Rana Asif Nadeem v. Executive District Officer, Education, District Nankana and 2 others 2008 PLC (C.S.) 715
|
| Laws Involved |
Constitution of Islamic Republic of Pakistan, 1973
|
| Sections |
Not available
|