| Case ID |
2e32547c-e8e5-4195-a6b7-6827d3475d5d |
| Body |
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| Case Number |
Writ Petition No. 11633 of 2015 |
| Decision Date |
Oct 12, 2015 |
| Hearing Date |
|
| Decision |
The Lahore High Court found that the appellate authority had not provided independent reasons for dismissing the petitioner's appeal against the penalty of down-grading from Area Manager to Sales Manager. The court emphasized that the appellate authority must offer a reasoned order that considers the questions raised in the appeal, the order passed by the competent authority, and the grounds of appeal. The court concluded that the order of the appellate authority was not sustainable and set it aside, directing the authority to reconsider the appeal in accordance with the law, providing a reasoned order after hearing all relevant parties. The constitutional petition was allowed. |
| Summary |
In the case of Writ Petition No. 11633 of 2015, decided by the Lahore High Court, the petitioner, Salamat Ullah, challenged the decision of the State Life Insurance Corporation of Pakistan after being demoted from Area Manager to Sales Manager. The court reviewed the appeal process, citing the importance of providing a reasoned decision as mandated by the Punjab General Clauses Act. The appellate authority's failure to provide independent findings led to the court's decision to set aside the dismissal of the appeal, emphasizing the need for a fair and transparent review process. This case highlights the significance of due process in administrative decisions, particularly regarding employment and disciplinary actions. The ruling reinforces the necessity for appellate bodies to substantiate their decisions with clear reasoning, ensuring that the rights of employees are protected under the relevant regulations and laws. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
FAISAL ZAMAN KHAN, J
|
| Lawyers |
Asif Javed Khan,
Muhammad Ali Lashari
|
| Petitioners |
SALAMAT ULLAH
|
| Respondents |
STATE LIFE INSURANCE CORPORATION OF PAKISTAN through Chairman and 2 others
|
| Citations |
2016 SLD 683,
2016 PLC 627
|
| Other Citations |
2010 SCMR 511,
2015 SCMR 630,
2015 PTD 1100
|
| Laws Involved |
State Life Employees (Service) Regulations, 1973,
Punjab General Clauses Act (VI of 1956)
|
| Sections |
24-A
|