| Case ID |
32319449-a909-4b36-a546-85ea3d074d42 |
| Body |
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| Case Number |
Writ Petition No. 309 of 1956 |
| Decision Date |
Apr 16, 1957 |
| Hearing Date |
Mar 26, 1957 |
| Decision |
The Lahore High Court ruled that the suspension orders against Syed Muhammad Ayyub were arbitrary and unfair. The court emphasized that the 'pleasure' of the Governor is not absolute and must adhere to the rules established under the Constitution of Pakistan. The court found that the petitioners had been kept in suspension for an extended period without any opportunity to respond to allegations made against them, which had been pending for years. The court determined that the power of suspension must be exercised within reasonable limits and that the lack of a fair process constituted a violation of the petitioners' rights. The court ordered the withdrawal of the suspension with effect from its issuance date, allowing the government to reconsider its actions based on future developments. |
| Summary |
In the landmark case of Writ Petition No. 309 of 1956, the Lahore High Court addressed the principles governing the suspension of government servants under the Constitution of Pakistan. The case revolved around the suspension of Syed Muhammad Ayyub, an Executive Engineer, which was challenged on the grounds of being arbitrary and lacking due process. The court examined the provisions of Articles 170, 180(b), and 182 of the Constitution, highlighting that the Governor's 'pleasure' in suspending officers is not unfettered. The court concluded that the suspension violated the principles of fairness and justice, as the petitioners were not given a chance to respond to the allegations against them, which had been under investigation for several years. The ruling emphasized the importance of adhering to established rules and ensuring that the rights of public servants are protected against arbitrary actions by the government. This case sets a significant precedent regarding the rights of government employees and the limitations of executive power in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
S. A. RAHMAN, C. J.,
AKHLAQUE HUSAIN, J.
|
| Lawyers |
Karam Elahi Chauhan,
S. A. Mahmood, A.A.G.
|
| Petitioners |
Syed MUHAMMAD AYYUB
|
| Respondents |
THE GOVERNMENT OF WEST PAKISTAN
|
| Citations |
1957 SLD 57,
1957 PLD 487
|
| Other Citations |
Venkata Rao v. Secretary of State A I R 1937 P C 31,
Shenton v. Smith 1895 A C 229,
Gould v. Stuart 1896 A C 575,
Secretary of State v. Surendra Nath Goswami A I R 1938 Cal. 759,
Dunn v. The Queen (1896) 1 Q B 116,
De Dohse v. Regina (1886) 3 T L R 114
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
170,
180(b),
182(2),
182
|