| Case ID |
735955ad-f6d0-40ab-a35d-0fe287fbdd5c |
| Body |
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| 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)
|