| Case ID |
31c7f292-22c2-4988-8fb6-a41405c914cb |
| Body |
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| Case Number |
Writ Petition No.17986 of 2010 |
| Decision Date |
Oct 29, 2010 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the writ petition, setting aside the termination of the petitioners' services. The court found that the petitioners were appointed legally and could not be penalized for the department's irregularities during the appointment process. The court emphasized that if any misconduct occurred, it was the appointing authority that should face consequences, not the employees. The petitioners, who had been performing their duties satisfactorily and receiving salaries, were reinstated with all back-benefits. |
| Summary |
In the case of Writ Petition No.17986 of 2010 at the Lahore High Court, the petitioners, GHAZANFAR ABBAS and two others, challenged their termination from the position of Library Clerk (BS-7) by the District Education Officer (Colleges), Sialkot. Their termination was based on alleged irregularities committed by the department during their appointment process. The court ruled in favor of the petitioners, stating that the department could not penalize them for its own lapses. It was determined that the appointing authority was responsible for any misconduct, and the court reinstated the petitioners with all back-benefits. This case highlights the importance of due process in employment matters within civil services and reinforces the principle that employees should not be punished for administrative errors. Keywords such as 'civil service', 'employment law', 'Lahore High Court', and 'constitutional petition' are critical for understanding the legal context and implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD TARIQ, J
|
| Lawyers |
Mahmood Ahmad Qazi,
Rana Shamshad Khan, A.A.-G.,
Naseer Ahmad Shah, D.E.O. (Colleges), Sialkot
|
| Petitioners |
2 others,
GHAZANFAR ABBAS
|
| Respondents |
2 others,
DISTRICT EDUCATION OFFICER (COLLEGES), SIALKOT
|
| Citations |
2011 SLD 1648 = 2011 PLC 331
|
| Other Citations |
Province of Punjab through Secretary Agriculture, Government of Punjab and others v. Zulfiqar Ali 2006 SCMR 678
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
199
|