| Case ID |
36bce44c-323b-49c8-8656-7bf945b85968 |
| Body |
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| Case Number |
Civil Petitions for Special Leave to Appeal Nos. 1 |
| Decision Date |
Jun 30, 1972 |
| Hearing Date |
Jun 30, 1972 |
| Decision |
The Supreme Court of Pakistan dismissed Civil Petitions Nos. 101 and 102 of 1972, ruling that the Provincial Government had no standing to challenge the Lahore High Court's decision that reinstated the respondents who were appointed as Legal Advisers to the Lahore Municipal Corporation. The Court held that the services of the respondents could only be terminated by the Lahore Municipal Corporation itself, thereby upholding the High Court's judgment that set aside the termination orders issued by the Government. The Court also noted that the petition regarding the third Civil Petition No. 103 had become irrelevant as the position of Legal Adviser had been abolished. Consequently, the Court's order emphasized the need for the proper entity, in this case, the Lahore Municipal Corporation, to challenge such decisions rather than the Provincial Government. |
| Summary |
In the landmark case before the Supreme Court of Pakistan, the legal standing of the Provincial Government to file a petition against a High Court decision was scrutinized. This case involved the termination of services of respondents who served as Legal Advisers to the Lahore Municipal Corporation. The Supreme Court ruled that the Provincial Government lacked the locus standi to maintain such a petition, thereby reinforcing the autonomy of local government entities. This decision is pivotal in establishing the legal framework regarding the authority of government bodies to challenge judicial decisions affecting their employees. The ruling has significant implications for administrative law and local governance in Pakistan, emphasizing the importance of legal representation and the role of advocates in navigating complex legal challenges. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore Municipal Corporation,
Provincial Government of Punjab
|
| Judges |
SAJJAD AHMAD,
WAHEEDUDDIN AHMAD
|
| Lawyers |
Kamal Mustafa Bokhari, Assistant Advocate-General Punjab,
Hamiduddin, Advocate,
Sh. Ijaz All, Advocate-on-Record for Petitioner,
Ghias Muhammad, Senior Advocate,
Ejaz Ahmad Khan, Advocate-on-Record for Respondents
|
| Petitioners |
SECRETARY TO GOVERNMENT OF PUNJAB, BASIC DEMOCRACIES SOCIAL WELFARE AND LOCAL GOVERNMENT DEPARTMENT, Lahore High Court
|
| Respondents |
Syed FAROOQ HASSAN NAQVI AND OTHERS,
Ch. HAMIDUDDIN AND others,
Syed FAYYAZ HUSSAIN QADRI AND OTHERS
|
| Citations |
1972 SLD 201,
1972 SCMR 300
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1962)
|
| Sections |
58(3)
|