| Case ID |
2c025206-ed58-41c3-a318-415dbd19b0e7 |
| Body |
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| Case Number |
Civil Petition No.79-R of 1988 |
| Decision Date |
Dec 10, 1988 |
| Hearing Date |
Dec 10, 1988 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal, allowing for an examination of the petitioner's contention regarding the inquiry's competence and the legality of the imposed penalty. The court noted the need for scrutiny of the inquiry process and the lawfulness of the disciplinary action taken against the petitioner. The court's decision reflects its commitment to ensuring that legal processes are adhered to and that individuals are afforded due process under the law. The appeal is to be prepared based on the existing record, and the parties may submit additional documents within two months, indicating the court's openness to further evidence and argumentation in this matter. |
| Summary |
This case discusses the legal principles surrounding disciplinary actions taken against civil servants under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, and the Constitutional provisions that govern such actions. The Supreme Court of Pakistan granted leave to appeal to the petitioner, TALIB HUSSAIN, to review whether the inquiry was conducted by a competent officer and if the penalty imposed was lawful, as per Article 212(3) of the Constitution of Pakistan, 1973. The case emphasizes the importance of following proper legal procedures in administrative inquiries and highlights the role of the judiciary in upholding the rights of individuals against arbitrary decisions. Keywords: Supreme Court, Pakistan, civil servants, disciplinary actions, legal principles, due process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
GHULAM MUJADDID,
USMAN ALI SHAH
|
| Lawyers |
Ch. Sadiq Muhammad Warraich,
Manzoor Ilahi
|
| Petitioners |
TALIB HUSSAIN
|
| Respondents |
another,
THE COMMISSIONER, RAWALPINDI
|
| Citations |
1989 SLD 736,
1989 SCMR 751,
1989 SLD 1292
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975
|
| Sections |
212(3),
3,
4
|