| Case ID |
d8369660-312c-4fab-ba71-a94f986c7acd |
| Body |
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| Case Number |
Civil Appeal No.227 of 1989 |
| Decision Date |
Dec 11, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by Major (Retd.) Sattar Muhammad against the termination of his services, which was upheld by the High Court. The Court noted that the termination was approved by the Board of Directors and that there was no evidence of mala fide or illegality in the order. The Court emphasized that discretionary relief could not be granted to a person with a record of embezzlement, even if pardoned. The decision confirmed the High Court's handling of the case in line with the law, leading to the dismissal of the appeal without any order as to costs. |
| Summary |
The case revolves around Major (Retd.) Sattar Muhammad's appeal against the termination of his services from the Agricultural Development Authority after being convicted of embezzlement. The Supreme Court, in its decision dated December 11, 1991, upheld the previous ruling of the High Court, which had dismissed Muhammad's constitutional petition challenging his termination. The Court's decision was influenced by the conflicting judgments of the Peshawar High Court in similar cases and the fact that the Board of Directors had approved his termination. The ruling highlighted the importance of lawful procedures in the termination of public servants and the non-granting of discretionary relief in cases involving corruption. The decision reinforces the legal framework surrounding public service employment and the judicial scrutiny involved in such cases, emphasizing the need for lawful conduct and transparency in administrative actions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Agricultural Development Authority, N.-W.F.P.
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
ABDUL QADEER CHAUDHRY,
WALI MUHAMMAD KHAN
|
| Lawyers |
|
| Petitioners |
Major (Retd.) Sattar Muhammad
|
| Respondents |
N; W.F. PROVINCE through the Chief Secretary and others
|
| Citations |
1992 SLD 565,
1992 SCMR 738
|
| Other Citations |
Muhammad Faiq Khan Khattak v. The Managing Director/Chairman, Board of Directors, Agricultural Development Authority, N,-W.F.P. Writ Petition No.42 of 1981,
Writ Petition No.210 of 1986,
Safiullah v. The Managing Director, Agricultural Development Authority, N.-W.F.P., Peshawar PLD 1989 Pesh. 124
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3),
Art. 199,
Art. 185
|