| Case ID |
7f8297a2-c3d5-402b-8cd6-692869f1c690 |
| Body |
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| Case Number |
Criminal Appeal No. 51 of 1955 |
| Decision Date |
Jan 20, 1956 |
| Hearing Date |
|
| Decision |
The appeal against the acquittal of Mr. Abdur Rashid under section 5(a) and (b) of the Essential Services (Maintenance) Ordinance was considered. The court found that the original order of transfer had not been proven at trial, leading to the conclusion that the respondent could not be said to have disobeyed a lawful order. However, the respondent was guilty of willful abandonment of employment without reasonable excuse under section 5(b). The prosecution succeeded in establishing this charge, resulting in a conviction and a sentence of imprisonment until the rising of the court. The court acknowledged the circumstances surrounding the respondent's treatment, but emphasized the legal implications of the abandonment of service without valid justification. |
| Summary |
This case revolves around the appeal filed by The Crown against the acquittal of Abdur Rashid under the Essential Services (Maintenance) Ordinance. The Lahore High Court addressed critical issues such as the admissibility of transfer orders and the legal implications of abandoning an essential service. The decision evaluated the Evidence Act's provisions, particularly regarding the presumption of messages and the authority of the Governor-General in transfer orders. The ruling clarified that while the original transfer order was not proven, the respondent's resignation and subsequent abandonment of duty were grounds for conviction. This case highlights the importance of lawful orders and the responsibilities of public servants in maintaining essential services. Legal practitioners, especially those focusing on labor law, public service regulations, and administrative law, can derive significant insights from this judgment, making it a pivotal reference for similar cases in the future. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL AZIZ KHAN,
ORTCHESON, JJ
|
| Lawyers |
M. Z. Kitchlew,
A. R. Changez,
Kanwar Saadat Ullah Khan,
Sardar Muhammad Iqbal Khan
|
| Petitioners |
THE CROWN
|
| Respondents |
ABDUR RASHID
|
| Citations |
1956 SLD 118,
1956 PLD 649
|
| Other Citations |
J. K. Gas Plant Manufacturing Co., (Rampur) Ltd. and others v. Emperor A I R 1947 F C 38
|
| Laws Involved |
Evidence Act, (1 of 1872),
Criminal Procedure Code (V of 1898),
Pakistan Railway Establishment Code,
Government of India Act, 1935
|
| Sections |
88,
197,
Vol.I, Rule 145,
77, Sch III, 17
|