| Case ID |
3726e1d4-e1f4-417e-98ce-49d973cf1e33 |
| Body |
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| Case Number |
Civil Appeal No. 48 of 1959 |
| Decision Date |
Jan 20, 1960 |
| Hearing Date |
Dec 16, 1959 |
| Decision |
The Supreme Court dismissed the appeal, affirming that the order of retirement for misconduct issued by the President was valid and could not be questioned in any court. The court held that the jurisdiction to challenge the proceedings of the Screening Committee was barred by section 10 of the Public Conduct (Scrutiny) Ordinance, and that the President's actions were within the statutory framework provided by law. The court emphasized that even if there were procedural irregularities in the Screening Committee's proceedings, these would not invalidate the order as the authority acted within its jurisdiction and the necessary conditions for ouster of jurisdiction were satisfied. The appeal was therefore dismissed without any order as to costs. |
| Summary |
In the case of Civil Appeal No. 48 of 1959, the Supreme Court of Pakistan addressed the validity of a retirement order issued against Zafar-ul-Ahsan, a senior civil servant, under the Laws (Continuance in Force) Order and the Public Conduct (Scrutiny) Ordinance. The court ruled that the President's order, based on findings from a Screening Committee, was not subject to judicial review due to the statutory provisions that oust court jurisdiction over such matters. The judgment clarified the conditions under which a court may intervene in administrative decisions, emphasizing the importance of following statutory procedures. The case highlighted the balance between administrative authority and judicial oversight, reinforcing the principle that procedural irregularities do not necessarily invalidate decisions made within legal frameworks. This ruling is significant for understanding the limits of judicial intervention in administrative actions and the interpretation of laws governing public conduct and civil service. Keywords such as 'Supreme Court', 'Public Conduct Ordinance', 'civil service misconduct', and 'jurisdictional limits' are essential for SEO optimization and are relevant to ongoing discussions in legal circles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUNIR, C.J.,
M. SHAHABUDDIN,
A. R. CORNELIUS,
AMIRUDDIN AHMAD,
S. A. RAHMAN, JJ
|
| Lawyers |
A. K. Brohi, Senior Advocate Supreme Court,
Mazhar-ul-Haq, Advocate Supreme Court,
Amjad Hussain, Attorney for Appellant,
Nazir Ahmad Khan, Attorney-General, Pakistan,
Abdul Haq, Advocate Supreme Court,
Iftikhar-ud-Din Ahmad, Attorney for Respondent
|
| Petitioners |
ZAFAR-ULAHSAN
|
| Respondents |
THE REPUBLIC OF PAKISTAN (THROUGH CABINET SECRETARY, GOVERNMENT OF PAKISTAN)
|
| Citations |
1960 SLD 261,
1960 PLD 113
|
| Other Citations |
Viterally v. Seaton U S 3 L ed. 2d. 1012
|
| Laws Involved |
Laws (Continuance in Force) Order (Post-Proclamation I of 1958),
Public Conduct (Scrutiny) Ordinance (III of 1959)
|
| Sections |
6(5)(a),
6(5)(b),
10,
3,
10
|