| Case ID |
42171df0-c4a8-4198-8613-0375f458b41d |
| Body |
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| Case Number |
Writ Petition No. 21447 of 1996 |
| Decision Date |
Jan 30, 1997 |
| Hearing Date |
Jan 30, 1997 |
| Decision |
The Lahore High Court dismissed the writ petition filed by the petitioner, Syed Aslam Ali Sabzwari, who challenged his repatriation from the post of S.E. I.G. and RD Department back to his parent department. The court found that the petitioner had secured an undue benefit through the influence of the then Senior Minister and ruled that he could not be allowed to retain such benefits obtained illegally. The court clarified that the matter was merely one of posting, not a deputation, and thus, there was no valid order for such a deputation. The dismissal of the petition was accompanied by costs, reinforcing the principle that no relief would be granted for benefits obtained through improper means. |
| Summary |
This case revolves around a writ petition challenging the repatriation of a civil servant, Syed Aslam Ali Sabzwari, from a higher post back to his parent department. The Lahore High Court, presided over by Justice Ihsan-ul-Haq Chaudhry, ruled on January 30, 1997, that the petitioner had secured his position through illegal means, specifically through the influence of a Senior Minister. The court emphasized that the case was about a simple posting and not a deputation, which was crucial in determining the validity of the petitioner's claims. The ruling underlines the importance of lawful procedures in civil service postings and highlights the court's stance against the acceptance of undue advantages obtained through political intervention. The case references the Punjab Civil Servants Act and the Constitution of Pakistan, particularly focusing on legal principles governing civil service conduct. The court's decision serves as a precedent for similar cases involving civil servant postings and the proper channels required for such administrative actions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IHSAN-UL-HAQ CHAUDHRY, J
|
| Lawyers |
Abdul Rehman Madni,
Masood Ahmed Riaz
|
| Petitioners |
Syed ASLAM ALI SABZWARI
|
| Respondents |
GOVERNMENT OF THE PUNJAB LOCAL GOVERNMENT AND RURAL DEVELOPMENT, LAHORE through Secretary and another
|
| Citations |
1998 SLD 1284,
1998 PLC 252
|
| Other Citations |
Writ Petition No. 12481 of 1994,
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974),
Constitution of Pakistan (1973)
|
| Sections |
9,
199
|