| Case ID |
39bc0d27-7bb4-4036-821f-4297268fbed3 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.790 of 1985 |
| Decision Date |
May 10, 1989 |
| Hearing Date |
|
| Decision |
The petitioner, Dr.Capt. MUNAWAR TAHIR HUSSAIN, was serving as a Medical Officer at the New Central Jail in Multan. On April 23, 1982, a female convict named Mst. Martha suddenly fell ill and remained unconscious from 5 p.m. to 10 p.m., ultimately leading to her death. Although the petitioner was informed about her condition, he failed to attend to her. As a result, he was charged and disciplinary proceedings were initiated against him, leading to his compulsory retirement from service. The petitioner appealed to the Service Tribunal, but his appeal was dismissed. Seeking further judicial review, the petitioner has now requested leave to appeal to the Supreme Court. The tribunal based its decision on the report of the Enquiry Officer after thoroughly considering the defense presented by the petitioner. The petitioner contends that the proceedings were conducted ex parte without proper notice, a contention which was previously rejected by the tribunal. Additionally, the petitioner disputes the tribunal's reliance on observations from a Magistrate appointed to conduct an inquest into the convict's death. However, the Supreme Court found no merit in the petitioner's arguments, affirming the tribunal's decision and refusing leave to appeal. |
| Summary |
In the Supreme Court of Pakistan case Civil Petition No.790 of 1985, decided on May 10, 1989, the petitioner, Dr.Capt. MUNAWAR TAHIR HUSSAIN, sought judicial review after being compulsorily retired from his position as a Medical Officer at the New Central Jail in Multan. The case revolves around the death of a female convict, Mst. Martha, who became unconscious and subsequently passed away on April 23, 1982, due to the petitioner's failure to attend to her during her critical condition. The petitioner was charged and faced disciplinary proceedings, which led to his retirement. He appealed to the Service Tribunal, citing procedural unfairness and lack of proper notice during the inquiry. The tribunal, however, dismissed his appeal, relying on the comprehensive report of the Enquiry Officer and after considering the petitioner’s defense in detail. The petitioner further contended that the tribunal's decision was influenced by a Magistrate's inquest, which was also dismissed by the tribunal. He then approached the Supreme Court seeking leave to appeal the tribunal's decision. The Supreme Court, presided over by Justices GHULAM MUJADDID and SAAD SAOOD JAN, reviewed the case, examining the applicability of the Punjab Service Tribunals Act (IX of 1974) and the Constitution of Pakistan Article 212(3). The Court concluded that the tribunal had acted within its jurisdiction, based on the evidence and the Enquiry Officer's report, and found no merit in the petitioner's claims of procedural irregularities. Consequently, the Supreme Court refused leave to appeal, upholding the tribunal's decision. This case underscores the judiciary's commitment to upholding procedural integrity within disciplinary proceedings and reaffirms the authority of service tribunals in Pakistan's legal framework. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Service Tribunal,
New Central Jail, Multan,
GOVERNMENT OF THE PUNJAB,
Magistrate,
Civil Secretariat,
Enquiry Officer,
Dr.Capt. MUNAWAR TAHIR HUSSAIN,
Secretary Health Department,
Mst. Martha
|
| Judges |
GHULAM MUJADDID,
SAAD SAOOD JAN
|
| Lawyers |
Ch.Mushtaq Masood, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner,
Nemo for Respondents
|
| Petitioners |
Dr.Capt. MUNAWAR TAHIR HUSSAIN
|
| Respondents |
GOVERNMENT OF THE PUNJAB through Secretary Health Department, Civil Secretariat and another
|
| Citations |
1990 SLD 1116,
1990 SCMR 1470
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974),
Constitution of Pakistan (1973)
|
| Sections |
S.4,
Art.212(3)
|