Legal Case Summary

Case Details
Case ID 735955ad-f6d0-40ab-a35d-0fe287fbdd5c
Body View case body.
Case Number Civil Petition No.3566-L of 2002
Decision Date Feb 19, 2004
Hearing Date Feb 19, 2004
Decision The Supreme Court dismissed the petition challenging the dismissal of Munir Hussain Shah from service. The Court upheld the findings of the Inquiry Committee, stating that each case must be considered on its own merits. The principle of consistency was not applicable due to differing facts in comparable cases. The Inquiry Officer's recommendations against the petitioner were accepted by the competent authority, and the Service Tribunal did not find grounds for interference. As no substantial question of law was raised, the appeal was dismissed.
Summary In the case of Munir Hussain Shah vs. Secretary, Provincial Assembly, Punjab, the Supreme Court of Pakistan addressed the dismissal of a civil servant based on an inquiry that had concluded with recommendations for termination. The case revolved around the principles of consistency in administrative law and the legitimacy of the inquiry process under the Punjab Service Tribunals Act, 1974. The petitioner contended that similar cases had been remanded for further inquiry, yet his appeal was dismissed without such consideration. The Court clarified that each case's unique circumstances must be evaluated independently, and the principle of consistency applies only when facts are identical. Ultimately, the Court refused to intervene as no significant legal question was presented. This case emphasizes the importance of procedural fairness and the discretion of administrative authorities in disciplinary matters. Keywords: administrative law, service tribunal, inquiry process, procedural fairness, civil servant dismissal.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges IFTIKHAR MUHAMMAD CHAUDHRY, MIAN MUHAMMAD AJMAL, KHALIL-UR-REHMAN RAMDAY
Lawyers Hafiz Tariq Nasim, Muhammad Aslam Chaudhry
Petitioners MUNIR HUSSAIN SHAH
Respondents another, Lahore High Court, SECRETARY, PROVINCIAL ASSEMBLY, PUNJAB
Citations 2006 SLD 2633, 2006 SCMR 1096
Other Citations Not available
Laws Involved Punjab Service Tribunals Act (IX of 1974), Constitution of Pakistan (1973)
Sections 5, 212(3)