| Case ID |
2df944fe-7686-4640-a74c-4f6a8cb1f941 |
| Body |
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| Case Number |
Civil Petition No.3186 of 2020 |
| Decision Date |
Oct 05, 2023 |
| Hearing Date |
Oct 05, 2023 |
| Decision |
The Supreme Court of Pakistan allowed the Civil Petition for leave to appeal against the decision of the Punjab Service Tribunal which had dismissed the petitioner's appeal as time-barred. The Court concluded that even though no right of appeal against discharge under Rule 12.21 of the Police Rules existed, the principles of the Punjab Civil Servants Act, 1974 allowed for a representation to the authority above the one that issued the decision. The Court found that the departmental authorities and Tribunal failed to consider the substance of the grievance and instead focused on the nomenclature of the representation. The Court remanded the matter back to the departmental authority, directing that the appeal be treated as a representation and decided on merits in accordance with the law. |
| Summary |
This case involves the Supreme Court of Pakistan's decision regarding a civil servant's discharge from service under the Police Rules. The petitioner, Junaid Wazir, contested the dismissal of his appeal by the Punjab Service Tribunal on the grounds of limitation. The Tribunal had ruled that the departmental appeal was not maintainable as per Rule 12.21, which does not provide for appeals against discharge orders. However, the Supreme Court emphasized the importance of the right to make representations under Section 21 of the Punjab Civil Servants Act, 1974, which allows aggrieved civil servants to seek redress. The Court's ruling underscores the principles of natural justice and the necessity for fair treatment in administrative proceedings. This case highlights the intersection of administrative law and civil service regulations, reinforcing the need for transparency and fair hearing in disciplinary actions against public servants. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Yahya Afridi,
Muhammad Ali Mazhar
|
| Lawyers |
Mahmood Ahmad Qazi,
Syed Rifaqat Hussain Shah,
Sanaullah Zahid
|
| Petitioners |
JUNAID WAZIR
|
| Respondents |
SUPERINTENDENT OF POLICE, PRU/ DOLPHIN POLICE, LAHORE
|
| Citations |
2024 SLD 2713,
2024 PLC 211
|
| Other Citations |
2011 PLC (C.S.) 1130,
AIR 1991 SC 101,
1997(7) SCC 622
|
| Laws Involved |
Punjab Civil Servants Act, 1974,
Police Rules, 1934
|
| Sections |
21,
12.21
|