| Case ID |
2dfae32d-358c-497f-90ed-ef53f89e4b39 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 516 of 2015 |
| Decision Date |
Mar 19, 2015 |
| Hearing Date |
|
| Decision |
The court ruled in favor of the petitioners, stating that the cancellation of their appointment orders was illegal and without lawful authority. The petitioners had been appointed to their positions following a transparent selection process and had already commenced their duties. The court emphasized the principles of natural justice and the need for due process in employment matters. It was determined that the actions taken by the authorities were contrary to the law, and the petitioners had acquired rights to their positions that could not be revoked without proper justification. The impugned order dated 16.2.2015 was set aside, allowing the petitioners to continue in their roles as Warders. |
| Summary |
In the case of Writ Petition No. 516 of 2015, the Peshawar High Court addressed the issue of the unlawful cancellation of appointment orders for jail warders. The petitioners, having successfully navigated a rigorous selection process, were abruptly terminated after a mere 19 days of duty. The court underscored the importance of adhering to the principles of natural justice, asserting that any action affecting an individual's rights must be executed in compliance with established legal standards. The ruling highlighted the significance of transparency and accountability in public service appointments, condemning the arbitrary exercise of authority that undermines the rule of law. This case serves as a critical reminder of the necessity for lawful procedures in government recruitment processes and the protection of individual rights against unlawful administrative actions. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Rooh-ul-Amin Khan,
Syed Afsar Shah
|
| Lawyers |
Muhammad Ijaz Khan Sabi,
Syed Qaiser Ali Shah,
Masud-ur-Rehman
|
| Petitioners |
Jawad Ali and Others
|
| Respondents |
Superintendent Jail and Others
|
| Citations |
2017 SLD 1721 = 2017 PLC 587
|
| Other Citations |
Chief Secretary, Government of the Punjab and others v. Malik Asif Hayat 2011 SCMR 1220,
Federation of Pakistan through Secretary Defence and others v. Abdul Basit 2012 SCMR 1299,
Doctor Akhtar Hussain Khan and others v. Federation of Pakistan and others 2012 SCMR 455,
Collector of Customs and Central Excise, Peshawar and 2 others v. Abdul Waheed and 7 others 2004 SCMR 303,
District Coordination Officer, District Dir Lower and others v. Rozi Khan and others 2009 SCMR 663
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199,
199(3),
212
|