| Case ID |
456ed512-9e85-4c18-b59e-b8edb579ff5c |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 126 |
| Decision Date |
Apr 04, 1981 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan addressed a pivotal legal question regarding the representation of a party in departmental proceedings under the Government Servants (Efficiency and Discipline) Rules, 1973. Specifically, the court examined whether the prohibition of representation by an advocate in such proceedings was constitutionally valid. The court found that this issue had significant implications for numerous cases, warranting an authoritative ruling. The High Court's ruling allowing counsel representation was upheld, and special leave to appeal was granted, emphasizing the need for clarity in legal representation rights within governmental disciplinary frameworks. |
| Summary |
This landmark case delves into the rights of government servants concerning legal representation during departmental proceedings. The Supreme Court of Pakistan was tasked with determining the validity of a specific provision under the Government Servants (Efficiency and Discipline) Rules, 1973, which restricts representation by advocates in disciplinary matters. The court recognized the potential widespread impact of its decision, as it could affect numerous civil service cases. The ruling ultimately favored the right to legal representation, reinforcing the principles of fair trial and due process in administrative proceedings. This case is significant for understanding the intersection of administrative law and constitutional rights in Pakistan, making it a crucial reference for future legal interpretations in similar contexts. It highlights the evolving landscape of legal rights for government employees and sets a precedent for their representation in disciplinary actions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government Servants,
Department of Central Excise and Land Customs
|
| Judges |
ABDUL KADIR SHAIKH,
SHAFIURRAHMAN
|
| Lawyers |
Syed Iftikhar Ahmad, Deputy Attorney General,
Muhammad Aslam Chattha, Advocate-on-Record,
Mumtaz Hussain, Senior Advocate Supreme Court,
Iqbal Ahmad, Advocate-on-Record
|
| Petitioners |
,
COLLECTOR OF CENTRAL EXCISE AND LAND CUSTOMS
|
| Respondents |
ASLAM ALI SHAH, INSPECTOR, CENTRAL EXCISE AND LAND CUSTOMS, AISALABAD
|
| Citations |
1982 SLD 364,
1982 SCMR 519
|
| Other Citations |
Not available
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973,
Constitution of Pakistan (1973)
|
| Sections |
10-A,
185(3)
|