| Case ID |
39028b3a-def6-48ae-8171-5160fdc54281 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 921 |
| Decision Date |
Feb 01, 1987 |
| Hearing Date |
Feb 01, 1987 |
| Decision |
Leave to appeal has been granted to examine the contentions raised by the petitioners regarding their dismissal from police service. The Supreme Court found that the petitioners were not afforded a regular inquiry and hearing, which is a violation of their rights. The issues of whether the interest of security of Pakistan justified the denial of such opportunities were not adequately addressed by the Tribunal. Furthermore, the court noted that there was no examination of whether a penalty other than dismissal would have been appropriate under the circumstances. Therefore, the appeal will be heard in its own turn in the category of service cases. |
| Summary |
This case revolves around the dismissal of police officers who were accused of serious indiscipline and participating in a strike. The petitioners argued that they were denied a proper inquiry and hearing, which is a fundamental right under the law. The Supreme Court highlighted the importance of due process and the necessity for a fair hearing. It was determined that the Punjab Service Tribunal failed to consider whether the security of Pakistan was genuinely at stake and whether the punishment of dismissal was too severe. This ruling emphasizes the need for judicial oversight in administrative decisions involving public servants. Key terms include police discipline, right to a fair hearing, administrative law, and judicial review, which are trending topics in legal discussions today. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Punjab Service Tribunal
|
| Judges |
Muhammad Afzal Zullah,
Mian Burhanuddin Khan,
Saad Saood Jan
|
| Lawyers |
Raja Muhammad Anwar; Senior Advocate Supreme Court,
Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners,
M.A. Bajwa, Advocate Supreme Court,
Ejaz Ahmad Khan, Advocate-on-Record for Respondents
|
| Petitioners |
others,
Raja Javed Ahmad
|
| Respondents |
another,
SUPERINTENDENT OF POLICE, GUJRANWALA
|
| Citations |
1987 SLD 1552,
1987 SCMR 700
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Punjab Service Tribunals Act, (IX of 1974),
Punjab Police (Efficiency and Discipline) Rules, 1975
|
| Sections |
212(3),
4,
9
|