| Case ID |
431bf71c-08fc-46a4-9dfd-248412b2bc86 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No.400- |
| Decision Date |
Jul 04, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to Obeidullah Khan against the decision of the N.W.F.P. Service Tribunal which had dismissed his appeal regarding his dismissal as a Government employee. The Tribunal failed to consider the valid leave applications submitted by the petitioner and the extensions granted by the appropriate authority. The Court determined that the Service Tribunal's dismissal was contrary to the record and based on a misconception of the relevant provisions of law. The decision emphasized the necessity for the Tribunal to re-examine the contentions raised by the petitioner in his appeal, particularly regarding the procedural aspects of his leave and the lack of proper notification or disciplinary action prior to declaring him to have ceased to be a Government employee. |
| Summary |
This case revolves around the dismissal of Obeidullah Khan, a civil servant, who contested the ruling of the N.W.F.P. Service Tribunal regarding his employment status after a lengthy leave period. The Supreme Court found that the Service Tribunal overlooked critical aspects of the case, including the proper approvals and extensions granted for his leave. The Court's decision highlights the importance of adhering to procedural fairness and the need for proper communication from the employer regarding employment status changes. This case is significant within the context of civil service regulations and employee rights under the North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973, and the constitutional protections afforded to public servants in Pakistan. It underscores the necessity for due process in employment matters and the importance of legal representation in navigating complex administrative decisions. The ruling serves as a precedent for similar future cases involving civil servants and their rights to appeal against dismissal based on procedural irregularities. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
USMAN ALI SHAH
|
| Lawyers |
Muhammad Asghar Malik,
M. Aslam Chaudhry
|
| Petitioners |
Obeidullah Khan
|
| Respondents |
others,
N.W.F.P. SERVICE TRIBUNAL
|
| Citations |
1990 SLD 576,
1990 SCMR 368
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973,
Constitution of Pakistan (1973)
|
| Sections |
4,
5,
6,
Art.212(3)
|