| Case ID |
514b161d-7266-47b6-a904-fe3ea409527a |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 353 |
| Decision Date |
Nov 25, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition of the petitioner who was a former Forest Guard, as the findings of the Punjab Service Tribunal were upheld. The Tribunal had found that the petitioner was guilty of flagrant breach of discipline and had not properly participated in the inquiry process. The petitioner’s claims of not receiving notice and being ill were not substantiated, and the Tribunal concluded that the petitioner either did not attend the inquiry or evaded it intentionally. The Court determined that the findings recorded by the Tribunal were based on the material available and were not liable for interference under Article 212(3) of the Constitution. Thus, the petition was dismissed. |
| Summary |
In the case of Muhammad Nawaz vs. Divisional Forest Officer Jauharabad, the Supreme Court of Pakistan addressed issues of procedural fairness and the right to a fair hearing in the context of employment dismissal. The petitioner, a former Forest Guard, challenged the decision of the Punjab Service Tribunal which upheld his dismissal for misconduct. The Tribunal had conducted a thorough inquiry, finding that the petitioner had not participated adequately and had failed to provide valid reasons for his absence. The Supreme Court emphasized the importance of the Tribunal's findings, which were based on evidence presented during the inquiry, and ruled that the petitioner’s allegations of bias and procedural irregularity were unfounded. This case highlights key principles regarding administrative justice and the scope of judicial review in employment-related disputes, reinforcing the notion that findings of fact by a Tribunal are generally not subject to appeal unless they are shown to be unreasonable or unsupported by evidence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUSHTAQ HUSSAIN,
SHAFIUR REHMAN
|
| Lawyers |
Ch. Muhammad Yaqub Sidhoo,
Iqbal Ahmad Qureshi,
Gulzar Ahmad Qureshi,
Ijaz Ali
|
| Petitioners |
MUHAMMAD NAWAZ
|
| Respondents |
2 OTHERS,
DIVISIONAL FOREST OFFICER JAUHARABAD
|
| Citations |
1982 SLD 508,
1982 SCMR 880
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 212(3)
|