| Case ID |
2fff2837-5453-4b71-9e87-f5e4a6f6a568 |
| Body |
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| Case Number |
207/304 of 1985 |
| Decision Date |
May 03, 1986 |
| Hearing Date |
|
| Decision |
The appeal of Mahmood Akhtar Ansari was accepted, and the orders of removal from service passed by the District and Sessions Judge, Bahawalpur, were set aside. The Tribunal reinstated the appellant in service with all back benefits. It was concluded that the Selection Committee had adequately assessed the qualifications of the appellant and that no malice was present in their decision. The decision emphasized that no appeal lies against the decision of the Selection Committee unless malice is proven, which was not the case here. The court upheld the principle that the determination of fitness for a position rests with the Selection Committee. |
| Summary |
This case revolves around the appeal of Mahmood Akhtar Ansari against his removal from the position of Naib Nazir. The Punjab Service Tribunal ruled in favor of Ansari, reinstating him after determining that his selection was justified and there was no malice involved in the decision-making process. The court highlighted the importance of the Selection Committee's discretion in assessing candidates' fitness for positions, emphasizing that such decisions should not be interfered with unless clear malice is demonstrated. This case underscores key principles in administrative law regarding employment and selection processes within civil service frameworks, particularly under the Punjab Civil Servants Act and the Punjab Service Tribunals Act. It serves as a precedent for similar cases where the integrity of the selection process is challenged, reinforcing the autonomy of Selection Committees. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. Abdul Jabbar Khan (Chairman),
Abdul Hamid Chaudhry (Member I),
Mian Faiz Karim (Member II)
|
| Lawyers |
A. Rashid Malik,
Malik Azam Rasool,
A.G. Humayun
|
| Petitioners |
Mahmood Akhtar Ansari
|
| Respondents |
Muhammad Ashiq,
Lahore High Court, Lahore,
District and Sessions Judge, Bahawalpur
|
| Citations |
1989 SLD 1263,
1989 PLC 343
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974),
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
21,
4
|