| Case ID |
697f6dce-6650-42d1-bc9c-0bd97b5de99c |
| Body |
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| Case Number |
Civil Appeal No. 396 of 1988 |
| Decision Date |
Nov 25, 1991 |
| Hearing Date |
Jun 30, 1991 |
| Decision |
The appeal is allowed. The court determined that the appellant was wrongfully dismissed from his position after being recalled from deputation to a private firm without just cause. The court held that the Government must provide valid reasons for recalling an officer on deputation, and in this case, the appellant's rights and prior agreements were not honored. The period of dismissal was treated as leave without pay, considering the circumstances surrounding his recall and the lack of response from the Government regarding the appellant's representation. |
| Summary |
This case revolves around the wrongful dismissal of Abdul Shakurul Salam, who was sent on deputation to a private firm by the Government of Punjab. The Supreme Court of Pakistan ruled that the Government did not have sufficient grounds to recall the appellant from his deputation before the agreed period had ended. The court emphasized that the recall should not be arbitrary and must consider the interests of all parties involved. The decision highlighted the importance of adhering to the terms of deputation and the necessity for the Government to act responsibly in such matters. The case sets a precedent for future disputes regarding governmental authority and employee rights during deputation. Keywords such as 'Punjab Civil Servants Act', 'Supreme Court', 'wrongful dismissal', and 'government policy' are crucial for understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Respondent No. 2,
Department of Agriculture, Government of Punjab
|
| Judges |
ABDUL SHAKURUL SALAM,
RUSTAM S. SLDHWA,
MUHAMMAD AFZAL LONE
|
| Lawyers |
Mr. Sher Zaman Khan,
Mr. Qurcshi,
Mr. Qamamddin Meo
|
| Petitioners |
ABDUL SHAKURUL SALAM
|
| Respondents |
,
SECRETARY, DEPARTMENT OF AGRICULTURE, GOVERNMENT OF PUNJAB, LAHORE
|
| Citations |
1992 SLD 2166,
1992 PLJ 44
|
| Other Citations |
1985 S.C.M.R. 1893,
1969 S.C.M.R. 503
|
| Laws Involved |
Punjab Civil Servants Act, 1974
|
| Sections |
16
|