| Case ID |
4667a5c9-ec78-4056-9dd1-2ad737539e8c |
| Body |
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| Case Number |
Civil Appeals Nos. 1105 to 1218, 1491 to 1526 and |
| Decision Date |
Mar 26, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to the civil servants regarding the denotification of their political appointments in the Health Department of Punjab. The Court emphasized the importance of natural justice, specifically the right to a show-cause notice before termination. The decision made it clear that terminations must be addressed individually rather than collectively, and each affected party must have the opportunity to respond to the grounds for their termination. The Court ordered that show-cause notices be issued within three weeks, allowing employees to present their cases. The ruling also stipulated that any reinstatement should come with full back benefits for qualified individuals, while those not found eligible could seek further remedies through the appropriate Service Tribunal. |
| Summary |
In the landmark case of Civil Appeals Nos. 1105 to 1218, the Supreme Court of Pakistan addressed the issue of denotification of political appointments within the Health Department of Punjab. The decision, rendered on March 26, 2001, highlighted critical principles of natural justice, particularly the necessity for show-cause notices prior to termination. The Court scrutinized the application of a circular from the Cabinet Division and its implications on civil servants' rights. The ruling mandated individualized proceedings for each affected employee, reinforcing the importance of fair treatment and due process in administrative actions. This case serves as a significant precedent in the realm of public service employment and administrative law, emphasizing the balance between policy decisions and individual rights. The implications of this case resonate in ongoing discussions about the rights of civil servants and the standards of administrative justice in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IRSHAD HASAN KHAN, C.J.,
CH. MUHAMMAD ARIF,
DEEDAR HUSSAIN SHAH, JJ
|
| Lawyers |
Ch. Ghulam Qadir, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record,
Ch. Abdul Ghani, Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record,
Irshad Ahmad Qureshi, Advocate Supreme Court,
Faiz-ur-Rehman, Advocate-on-Record,
Ch. Inaymatullah, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
S. Abul Aasim Jafri, Advocate-on-Record,
Tariq Khokhar, Additional Advocate-General, Punjab
|
| Petitioners |
GOHAR MASOOD and others
|
| Respondents |
SECRETARY, HEALTH DEPARTMENT and others
|
| Citations |
2001 SLD 1445,
2001 SCMR 1128
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 212(3),
Art. 212
|