| Case ID |
2c49899c-be9d-4e1e-9b60-1117eedf90dc |
| Body |
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| Case Number |
Civil Appeal No. 309 of 1980 |
| Decision Date |
Feb 13, 1982 |
| Hearing Date |
Feb 13, 1982 |
| Decision |
The Supreme Court allowed the appeal and set aside the decision of the Punjab Service Tribunal regarding the premature retirement of Iqbaluddin Ahmed Siddiqui. The Court emphasized that the Tribunal had failed to examine the entire service record of the petitioner and the correctness of the retirement orders. It was determined that the Tribunal should have assessed the merits of the case, despite the lack of established mala fides against the President of Pakistan. The case was remanded for a fresh decision on its merits, taking into account the petitioner's service record and relevant materials, without any order as to costs. |
| Summary |
This case addresses the premature retirement of Iqbaluddin Ahmed Siddiqui, a P.C.S. Officer, under the Martial Law Regulation. The Supreme Court of Pakistan found that the Punjab Service Tribunal did not thoroughly examine Siddiqui's service record or the reasons for his retirement. The Court ruled that even without proven mala fides against the President of Pakistan, the Tribunal had the obligation to evaluate the merits of the case. The ruling aligns with previous judgments, emphasizing the importance of due process in administrative decisions affecting an individual's rights. The decision reinforces the principle that tribunals must conduct comprehensive reviews of cases to ensure fairness and justice. This case serves as a significant precedent in administrative law, particularly concerning the rights of public servants facing premature retirement, and highlights the judicial oversight necessary to protect those rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
SHAFIUR REHMAN,
M. S. H. QURESHI
|
| Lawyers |
Syed Talib Hussain Rizvi,
S. All Imam Naqvi,
S. D. Qureshi,
Sh. Ijaz Ali
|
| Petitioners |
IQBALUDDIN AHMED SIDDIQUI
|
| Respondents |
ANOTHER,
FEDERATION OF PAKISTAN
|
| Citations |
1982 SLD 393,
1982 SCMR 614
|
| Other Citations |
Federation of Pakistan v. Saeed Ahmad P L D 1974 S C 151,
Muhammad Israr Nabi v. Province of Punjab and others P L D 1980 S C 292
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974),
Martial Law Regulation, 1972
|
| Sections |
4
|