| Case ID |
30d161d2-4314-4f2d-be7b-59bce4fc61fe |
| Body |
View case body. Login to View |
| Case Number |
C.A. No. 953 of 2004 |
| Decision Date |
Nov 10, 2005 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal and reinstated the appellant, Abdul Sattar, in service. The court held that the competent authority had dismissed him without holding a proper inquiry, which violated the principles of natural justice. The court emphasized that the dispensation of a regular inquiry should only occur in exceptional circumstances and that the appellant was denied a fair opportunity to defend himself. The court has mandated a proper inquiry into the allegations against him to be completed within six months, with back benefits subject to the inquiry's outcome. |
| Summary |
In the case of Abdul Sattar vs. Pakistan Water & Power Development Authority, the Supreme Court of Pakistan addressed significant issues related to the dismissal of the appellant without a regular inquiry. The court found that the dismissal was unlawful, as it did not adhere to the principles of natural justice. The ruling highlighted the necessity of holding a proper inquiry for allegations involving factual controversies, emphasizing that the right to a fair hearing is fundamental. The judgment reinforces the importance of due process in administrative actions, ensuring that employees are not condemned unheard. The case underscores the legal protections in place for civil servants against arbitrary actions by authorities. Keywords: Supreme Court of Pakistan, dismissal, inquiry, natural justice, Abdul Sattar, Pakistan Water & Power Development Authority. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NAWAZ ABBASI,
NASIR-UL-MULK
|
| Lawyers |
Mr. M.M. Aqil Awan, ASC for Appellant,
Mr. Muhammad Munir Paracha, ASC,
Ch. Muhammad Akram, AOR for Respondents
|
| Petitioners |
ABDUL SATTAR
|
| Respondents |
2 others,
PAKISTAN WATER & POWER DEVELOPMENT AUTHORITY
|
| Citations |
2007 SLD 3251,
2007 PLJ 54
|
| Other Citations |
PLJ 1987 1393,
2001 SCMR 1566,
NLR 2003 Service 1,
2003 SCMR 110
|
| Laws Involved |
Federal Service Tribunals Act, 1973,
Constitution of Pakistan, 1973
|
| Sections |
4,
212
|