| Case ID |
3242a9e6-ef8a-4c9b-9eca-0330262e62e2 |
| Body |
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| Case Number |
Civil Petition No. 1343/L of 1995 |
| Decision Date |
Dec 12, 1995 |
| Hearing Date |
Dec 12, 1995 |
| Decision |
The Supreme Court granted leave to appeal against the Lahore High Court's dismissal of the petitioner's Constitutional petition regarding his termination from service. The petitioner contended that his termination was unjust and politically motivated, with claims that he was unfairly substituted by another candidate. The Court recognized that the grounds for dismissal by the High Court overlooked specific provisions of the relevant appeal rules that excluded local council servants from having alternative remedies. The Court suspended the operation of the corrigendum that had led to the petitioner's termination and stayed all consequential orders against him. This decision underscores the importance of due process and fair treatment within employment law, particularly for local government employees. |
| Summary |
This case revolves around the termination of Syed Imran Raza, who was appointed as an Octroi Clerk in the Zila Council, Gujranwala. The petitioner challenged his termination, arguing that it was politically motivated and that he was unfairly substituted by another candidate. The Lahore High Court had dismissed his petition on the grounds of alternative remedies available to him, but the Supreme Court found that the High Court had overlooked critical provisions in the Punjab Local Councils (Appeal) Rules, 1980. The Court granted leave to appeal, highlighting the necessity for adherence to lawful processes in employment matters, particularly in the context of local government employees. This case emphasizes the need for fair treatment and due process within the legal framework governing public service employment. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Zila Council, Gujranwala
|
| Judges |
MANZOOR HUSSAIN SIAL,
RAJA AFRASIAB KHAN
|
| Lawyers |
Mian Fazli Mahmood, Senior Advocate Supreme Court,
C.M. Latif, Advocate on Record
|
| Petitioners |
Syed IMRAN RAZA
|
| Respondents |
ADMINISTRATOR, ZILA COUNCIL, GUJRANWALA
|
| Citations |
1997 SLD 806,
1997 PLC 487
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974,
Punjab Local Councils (Appeal) Rules, 1980,
Punjab Local Government Ordinance (VI of 1979),
Constitution of Pakistan (1973)
|
| Sections |
R. 4,
R. 1(3),
Ss. 26A & 166,
Art. 185(3)
|