| Case ID |
3b8f64c3-9a1f-4985-8d9d-12a51cfd3c37 |
| Body |
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| Case Number |
Civil Petitions Nos.3206-L of 2003, 257-L and 225- |
| Decision Date |
Aug 05, 2004 |
| Hearing Date |
Aug 05, 2004 |
| Decision |
The Supreme Court of Pakistan allowed the Civil Petitions Nos.3206-L of 2003 and 257-L of 2004, overturning the Lahore High Court's judgment that declared the appointments of the petitioners as without lawful authority. The Court found no significant defects in the appointments and noted that the respondents' petition was filed after a considerable delay of five years, which constituted gross laches. The minor irregularities mentioned did not warrant the issuance of a writ of quo warranto against the petitioners. The decision emphasized the need for timely action in legal matters and upheld the validity of the petitioners' appointments, thereby restoring their positions. |
| Summary |
In this significant case adjudicated by the Supreme Court of Pakistan, the core issue revolved around the validity of appointments made for the posts of Secretary, Union Council. The petitioners were appointed following a rigorous selection process led by a District Recruitment Committee. The case highlighted the constitutional jurisdiction of the High Court under Articles 185(3) and 199(1)(b)(ii) concerning the writ of quo warranto. The Supreme Court underscored the importance of adhering to procedural timelines in legal challenges, as the respondent's petition was deemed to suffer from gross laches. The Court's ruling not only reinstated the petitioners' appointments but also set a precedent regarding the necessity for prompt legal recourse in employment disputes. This case is pivotal for understanding the dynamics of constitutional law and administrative justice in Pakistan, particularly in the context of public service appointments. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FAQIR MUHAMMAD KHOKHAR,
TASSADUQ HUSSAIN JILLANI
|
| Lawyers |
Hasnat Ahmed Khan, Advocate Supreme Court,
Muhammad Anwar Bhore, Advocate Supreme Court,
Ch. Muhammad Tufail, Advocate Supreme Court,
Mian Ghulam Hussain, Advocate Supreme Court,
Raja Abdur Rehman, A.A.-G., Punjab,
Muhammad Anwar, Asstt. Director, Local Government, Narowal
|
| Petitioners |
MUHAMMAD RAFIQUE
|
| Respondents |
MUHAMMAD PERVAIZ
|
| Citations |
2007 SLD 2046,
2007 PLC 853
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
185(3),
199(1)(b)(ii)
|