| Case ID |
31c14d78-f956-4cf8-8420-28e7d2a43b9e |
| Body |
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| Case Number |
Civil Petitions Nos. 113-L, 2207-L and 2209-L of 2 |
| Decision Date |
Jul 08, 2004 |
| Hearing Date |
Jul 08, 2004 |
| Decision |
The Supreme Court of Pakistan ruled on the petitions for leave to appeal against the judgments dated July 16, 2002, and December 13, 2002, passed by the Punjab Service Tribunal. The Court emphasized the importance of the competency of an authorized officer to act as an authority, particularly when appointed as Secretary. The Court noted that the principle of consistency must be upheld, and as such, the cases were remanded to the Government for fresh consideration, allowing the petitioners an opportunity for a fair hearing. The decisions made by the Punjab Service Tribunal were set aside, and the cases were ordered to be reviewed in light of the directives provided by the Supreme Court. |
| Summary |
In this case, the Supreme Court of Pakistan addressed significant issues related to the efficiency and discipline of government servants under the Government Servants (Efficiency and Discipline) Rules, 1973. The petitions involved a review of decisions made by the Punjab Service Tribunal concerning service appeals that were dismissed. The key legal principles examined included the authority of an authorized officer and the implications of their appointment as Secretary on their ability to act. The ruling underscored the necessity for consistency in legal decisions, leading to the remanding of cases for fresh hearings. This case highlights the critical nature of procedural fairness and adherence to legal principles in administrative law, essential for maintaining justice in public service. The decision has implications for similar cases, reinforcing the need for competent authority in administrative proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Punjab
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Abdul Wahid Chaudhry,
Ch. Mehdi Khan Mehtab,
Aamir Rehman
|
| Petitioners |
another,
NASEERUDDIN
|
| Respondents |
another,
SECRETARY FOOD, GOVERNMENT OF PUNJAB, LAHORE
|
| Citations |
2005 SLD 839 = 2005 PLC 197
|
| Other Citations |
Not available
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973,
Constitution of Pakistan (1973)
|
| Sections |
R.2(3),
Art.212 (3)
|