| Case ID |
370fdd06-4999-4b7e-b154-83b5a7512411 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 3455 of 2020 |
| Decision Date |
Dec 01, 2021 |
| Hearing Date |
Dec 01, 2021 |
| Decision |
The Supreme Court of Pakistan dismissed the Civil Petition challenging the Islamabad High Court's decision which had set aside the Capital Development Authority's order for withdrawal of promotions of the respondents. The Court upheld that the respondents had earned a vested right to their promotions as they had been duly considered and recommended by the Departmental Promotion Committee (DPC). The Court emphasized the importance of following principles of natural justice and confirmed that no prior notice or justification was provided for the cancellation of the promotions, which violated established legal norms. As a result, the order of the Islamabad High Court was upheld and the withdrawal of the promotions was found to be unlawful. |
| Summary |
This case revolves around the legal principles of promotion within the Capital Development Authority (CDA), addressing the rights of employees concerning their promotions. The Supreme Court of Pakistan examined the legality of promotions that had been granted to certain employees based on recommendations from the Departmental Promotion Committee (DPC). The Court found that the withdrawal of these promotions without notice violated principles of natural justice. The ruling highlighted the significance of vested rights and the necessity for a fair hearing before any adverse action is taken against employees. This case reinforces the standards for administrative procedures in promoting civil servants, ensuring that due process is observed. Keywords relevant to this case include 'promotion rights', 'natural justice', 'CDA regulations', 'Departmental Promotion Committee', and 'civil service law'. These terms are crucial for understanding the implications of the ruling and its impact on civil service procedures in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
GULZAR AHMED, C.J.,
MUHAMMAD ALI MAZHAR, J
|
| Lawyers |
Hafiz Arfat Ahmad, Advocate Supreme Court,
Raja Abdul Ghafoor, Advocate-on-Record
|
| Petitioners |
CAPITAL DEVELOPMENT AUTHORITY through Chairman, Islamabad and others
|
| Respondents |
SHABIR HUSSAIN and others
|
| Citations |
2022 SLD 1252,
2022 PLC 859
|
| Other Citations |
Chairman, Central Board of Revenue and another v. Muhammad Malook and 11 others 1999 SCMR 1540,
Province of Sindh through A.G., Sindh, Karachi v. Kazi Siraj Ahmad 2002 SCMR 862,
Warid Telecom (Pvt.) Limited v. Pakistan Telecommunication Authority 2015 SCMR 338,
Maula Bux Shaikh and others v. Chief Minister Sindh and others 2018 SCMR 2098,
Muhammad Amin Muhammad Bashir Limited v. Government of Pakistan through Secretary Ministry of Finance, Central Secretariat, Islamabad and others 2015 SCMR 630
|
| Laws Involved |
Capital Development Authority Employees (Service) Regulations, 1992
|
| Sections |
4.04,
4.17,
4.18
|