| Case ID |
3773a032-a694-4a8f-bf8a-192fea9c16ad |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No. 78 |
| Decision Date |
Oct 18, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan denied the leave to appeal requested by the Government of Pakistan against the Service Tribunal's judgment that ruled the termination of Mushtaq Hussain's service as mala fide and illegal. The Court found that the respondent was not a civil servant and that the points raised regarding mala fide and the legal status were not adequately addressed or raised before the Service Tribunal. The Court emphasized that without raising a question of law of public importance, the leave to appeal could not be justified, thus upholding the Tribunal's decision for reinstatement and consequential benefits. |
| Summary |
This case revolves around the termination of Mushtaq Hussain's service by the Government of Pakistan, which was challenged on the grounds of mala fide actions by the government. The Service Tribunal ruled in favor of the respondent, citing illegal termination and lack of due process in the imposition of censure. The Supreme Court examined whether the appeal raised significant questions of law and whether the respondent was indeed a civil servant. The case highlights the principles of administrative justice and the importance of due process in employment matters within the public sector. The ruling emphasizes the necessity for governmental bodies to adhere to legal standards when terminating employment and the ability of individuals to seek justice through appropriate legal channels. Keywords such as 'administrative justice', 'service tribunal', 'mala fide termination', and 'government employment law' are crucial for understanding the legal landscape surrounding public service employment and the protections afforded to civil servants. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SHAFI UR RAHMAN,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Munir Ahmad Sheikh, Deputy Attorney General,
Muhammad Afzal Siddiqui, Advocate on-Record
|
| Petitioners |
PAKISTAN THROUGH SECRETARY, POPULATION DIVISION, MINISTRY OF HEALTH, ISLAMABAD
|
| Respondents |
MUSHTAQ HUSSAIN
|
| Citations |
1983 SLD 207,
1983 SCMR 190
|
| Other Citations |
Abdul Karim v. West Pakistan Province P L D 1956 S C (Pak.) 298,
Federation of Pakistan v. Mrs. A. V. Isaacs P L D 1956 S C (Pak.) 431
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 212 (3),
Art. 185 (3)
|