| Case ID |
2d397768-4a88-4f6a-8ca3-70ac2e70e611 |
| Body |
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| Case Number |
Civil Appeals Nos. 1122, 1123, 1107 of 2013, 173 a |
| Decision Date |
Mar 31, 2015 |
| Hearing Date |
|
| Decision |
The Supreme Court remanded the matter to the authorities, directing them to strictly follow the procedure provided in Rule 18 of the Khyber Pakhtunkhwa Constabulary Rules, 1958. The High Court had previously set aside the dismissal orders of the employees, stating that the procedures were not followed, and reinstated them with all consequential benefits except for salary during the period of dismissal. The Supreme Court emphasized the importance of adhering to the prescribed procedures during departmental inquiries and mandated a de novo inquiry to be completed within four months. |
| Summary |
In the case concerning the Khyber Pakhtunkhwa Constabulary, the Supreme Court of Pakistan addressed the procedural inadequacies in the dismissal of employees from service. The appellants were dismissed on grounds of insubordination and cowardice without proper adherence to the Khyber Pakhtunkhwa Constabulary Rules, 1958. The High Court had reinstated the employees, citing the lack of due process in their dismissals. The Supreme Court upheld the High Court's decision, emphasizing that the established rules must be followed in such inquiries. Furthermore, the Court mandated a fresh inquiry to be conducted within a stipulated timeframe. This case highlights the significance of procedural justice in administrative actions and the protection of employees' rights under the law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Khyber Pakhtunkhwa Constabulary
|
| Judges |
NASIR-UL-MULK, C.J.,
AMIR HANI MUSLIM,
IJAZ AHMED CHAUDHRY, JJ
|
| Lawyers |
Ms. Shireen Imran, Advocate Supreme Court,
Syed Rafaqat Hussain Shah, Advocate-on-Record,
Mian Shafaqat Jan, Advocate Supreme Court,
M.S. Khattak, Advocate-on-Record,
Hafiz S.A. Rehman, Senior Advocate Supreme Court,
Abdul Latif Afridi, Advocate Supreme Court
|
| Petitioners |
MUHAMMAD NASIR and others
|
| Respondents |
THE COMMANDANT, KHYBER PAKHTUNKHWA CONSTABULARY, HEADQUARTERS PESHAWAR and another
|
| Citations |
2015 SLD 3102,
2015 PLC 1320
|
| Other Citations |
I.G. Frontier Corps and others v. Ghulam Hussain 2004 SCMR 1397,
Muhammad Mubeen-us-Salam and others v. Federation of Pakistan PLD 2006 SC 602
|
| Laws Involved |
Khyber Pakhtunkhwa Constabulary Rules, 1958
|
| Sections |
R. 18
|