| Case ID |
2aac1dab-aa12-48c3-8718-73547697ef35 |
| Body |
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| Case Number |
Civil Appeal No.1669 of 2007 |
| Decision Date |
Feb 23, 2009 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal and set aside the orders of the Service Tribunal and the Honourable Chief Justice. The Court directed that the appellant, Mrs. Abida Parveen Channar, be reinstated in service. The Court recognized that the allegations leading to her termination were serious and required proper inquiry. The Court emphasized that public powers must be exercised reasonably and honestly, and serious allegations against judicial officers should not lead to conclusions based solely on discreet inquiries without a fair hearing. |
| Summary |
This case revolves around the termination of Mrs. Abida Parveen Channar from her position as a Judicial Magistrate during her probation period. The Supreme Court of Pakistan addressed the legality of the termination, emphasizing the importance of due process and the right to a fair hearing. The Court analyzed the criteria for a probationer's retention in service and highlighted that termination should not occur without a thorough inquiry into allegations of misconduct. The judgment underlines the principles of administrative justice, ensuring that public functionaries exercise their powers with integrity and fairness. This landmark decision reinforces the rights of probationers and the necessity for transparency in judicial processes. Keywords such as 'Judicial Magistrate', 'termination of service', 'due process', 'probation period', and 'administrative justice' are crucial in understanding the implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Provincial Selection Board,
Sindh Subordinate Judiciary Service Tribunal
|
| Judges |
SABIHUDDIN AHMED,
SARMAD JALAL OSMANY
|
| Lawyers |
M.M. Aqil Awan,
Abdul Fateh Malik
|
| Petitioners |
Mrs. ABIDA PARVEEN CHANNAR
|
| Respondents |
HIGH COURT OF SINDH at Karachi
|
| Citations |
2009 SLD 1672 = 2009 SCMR 605
|
| Other Citations |
Muhammad Siddiq Javaid Chaudhry v. The Government of West Pakistan PLD 1974 SC 393,
Pakistan State Oil v. Muhammad Tahir Khan PLD 2001 SC 980
|
| Laws Involved |
Constitution of Pakistan, 1973,
Sindh Judicial Service Rules, 1994,
Sindh Service Tribunals Act (XV of 1973)
|
| Sections |
212(3),
R. 9-A,
3-B
|