| Case ID |
d65980f8-dd56-476f-944b-ef66fe395248 |
| Body |
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| Case Number |
Civil Petition No. 1053 of 1981 |
| Decision Date |
Jul 13, 1988 |
| Hearing Date |
Jul 13, 1988 |
| Decision |
The Supreme Court dismissed the petition filed by the Superintendent of Police and two others against the order of the Punjab Service Tribunal. The Tribunal had reinstated Muhammad Iqbal, who was previously dismissed from service, noting that his conduct was blemished. The Tribunal's order was affirmed, and the petitioners were denied any financial benefits for the period Iqbal remained out of service. The Court observed that the conviction order from the Summary Military Court was not countersigned, thus nullifying it, leading to the dismissal of the petition. |
| Summary |
In the case of Civil Petition No. 1053 of 1981, the Supreme Court of Pakistan addressed the reinstatement of Muhammad Iqbal, who had been dismissed by the Superintendent of Police. The Punjab Service Tribunal's decision to reinstate Iqbal was upheld, despite his blemished conduct. The Court emphasized the legal implications of not countersigning the conviction order from the Summary Military Court, which effectively nullified the dismissal. The decision highlights important aspects of the Punjab Civil Servants Act, 1974, and the Constitution of Pakistan, particularly the rights of civil servants in disciplinary actions. This case serves as a precedent in understanding the procedural requirements for dismissals and reinstatements within the framework of Pakistani law, making it a significant reference for both legal practitioners and scholars. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
GHULAM MUJADDID MIRZA,
SAAD SAOOD JAN
|
| Lawyers |
Not available
|
| Petitioners |
others,
THE SUPERINTENDENT OF POLICE, FAISALABAD
|
| Respondents |
MUHAMMAD IQBAL
|
| Citations |
1988 SLD 2778,
1988 SCMR 1792
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants Act, 1974,
Constitution of Pakistan, 1973
|
| Sections |
4,
212(3)
|