| Case ID |
38a91fec-6cb9-4354-9b35-5e55f3edc2a0 |
| Body |
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| Case Number |
Civil Petitions Nos. 1384 and 1385 of 2002 |
| Decision Date |
Jun 02, 2003 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitions for leave to appeal against the judgment of the Lahore High Court. The Court upheld the decision stating that the Service Regulations of the Board were not statutory in nature and that the Chairman had the authority to take disciplinary action against the petitioner. The arguments presented by the petitioner regarding the authority of the Chairman were found to be without merit. The Court emphasized that the regulations in question did not have the formal approval required to be considered statutory rules, thereby validating the disciplinary actions taken against the petitioner. |
| Summary |
This case revolves around the dismissal of Zia Ghafoor Piracha from his position as Junior Clerk at the Board of Intermediate and Secondary Education, Rawalpindi. The Supreme Court of Pakistan examined the legality of the disciplinary actions taken against him. The primary legal questions addressed were whether the Service Regulations of the Board were statutory and whether the Chairman had the authority to impose disciplinary measures. The Court referenced the Punjab Boards of Intermediate and Secondary Education Act, 1976, and the Constitution of Pakistan, 1973, to establish the framework for its decision. Ultimately, the Court ruled that the regulations were internal instructions lacking statutory status and dismissed the appeal, reaffirming the Chairman's authority to act in matters of employee discipline. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Board of Intermediate and Secondary Education, Rawalpindi
|
| Judges |
NAZIM HUSSAIN SIDDIQUI,
TANVIR AHMED KHAN,
SARDAR MUHAMMAD RAZA
|
| Lawyers |
Syed Najamul Hassan Kazmi, Advocate Supreme Court,
M.A. Zaidi, Advocate-on-Record,
Hafiz S.A. Rehman, Senior Advocate Supreme Court,
Mehr Khan Malik, Advocate-on-Record,
Sajjad Hussain Shah, A.A.G., Punjab,
Rao M. Yousaf Khan, Advocate-on-Record
|
| Petitioners |
ZIA GHAFOOR PIRACHA
|
| Respondents |
others,
CHAIRMAN, BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, RAWALPINDI
|
| Citations |
2004 SLD 337,
2004 SCMR 35
|
| Other Citations |
PLD 1984 SC 170,
1984 PSC 42
|
| Laws Involved |
Punjab Boards of Intermediate and Secondary Education Act, 1976,
Constitution of Pakistan, 1973
|
| Sections |
12(1)(a),
12(8)(iii)(iv),
14,
15,
17,
20(1)(iii),
185(3)
|