| Case ID |
2b5f0bc9-a5dd-4814-9005-ff20c07cfb59 |
| Body |
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| Case Number |
Appeal No.2133 of 2000 |
| Decision Date |
Aug 20, 2001 |
| Hearing Date |
Aug 16, 2001 |
| Decision |
The appeal was accepted, and the appellant was reinstated in service with back benefits after establishing that her termination was a violation of the principles of natural justice and the right to a fair hearing. The tribunal found that the appellant had been condemned unheard, and her qualifications had been improved in accordance with the policies of the Education Department. The order of termination was set aside due to the lack of opportunity provided to the appellant to contest the allegations against her appointment. |
| Summary |
In the case of Mst. Anees Aziz vs. Director of Elementary Education, the Service Tribunal of Punjab addressed the unlawful termination of a P.T.C. teacher who had initially been appointed under a government policy to fill vacant positions in response to a World Bank initiative. Despite her appointment being initially valid, she faced termination based on allegations of irregularities without a proper hearing. The tribunal emphasized the importance of the audi alteram partem principle, ensuring that no one should be condemned unheard. Following her appeal, the tribunal reinstated her, recognizing her improved qualifications and the procedural flaws in her termination. This case highlights critical issues in administrative law, particularly concerning the rights of civil servants and the adherence to fair processes in employment decisions. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE (RETD.) RIAZ KAYANI
|
| Lawyers |
Rizwana Anjum Mufti,
Khadim Hussain Sindhu
|
| Petitioners |
Mst. ANEES AZIZ
|
| Respondents |
2 others,
DIRECTOR OF ELEMENTARY EDUCATION, RAHAWALPUR DIVISION, BAHAWALPUR
|
| Citations |
2002 SLD 1888,
2002 PLC 1065
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
4
|