| Case ID |
e32acdbc-447f-43a1-83b8-768287cbe3ec |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 4855-S of 1991 |
| Decision Date |
Nov 23, 1991 |
| Hearing Date |
Nov 23, 1991 |
| Decision |
The court ruled that the termination of the civil servant's services was unlawful as it was carried out without providing him an opportunity to explain his viewpoint. The principle of 'locus poenitentiae' was emphasized, indicating that a person, once duly appointed and confirmed, cannot have their services terminated without a fair opportunity for explanation and without a show-cause notice. The case referenced the precedent set in Pakistan v. Muhammad Himayatullah Farrukhi PLD 1969 SC 407, reinforcing the necessity of due process in employment termination within civil service. |
| Summary |
In the Lahore High Court case of Writ Petition No. 4855-S of 1991, the petitioner, MUSHTAQ AHMAD ALEEM, challenged the termination of his civil service position by the GOVERNMENT OF PAKISTAN. The court found that the termination was executed without due process, violating principles of natural justice. The ruling highlighted the importance of providing a civil servant the opportunity to respond to allegations before termination. The case referenced significant precedents in civil service law, particularly focusing on the principle of 'locus poenitentiae', which asserts that once a person is confirmed in a position, they cannot be dismissed without a fair hearing. This decision underscores the legal protections in place for civil servants against arbitrary dismissal and the necessity of adherence to procedural fairness in administrative actions. |
| Court |
Lahore High Court
|
| Entities Involved |
GOVERNMENT OF PAKISTAN,
MUSHTAQ AHMAD ALEEM
|
| Judges |
IRSHAD HASAN KHAN, J
|
| Lawyers |
Hasnat Ahmad Khan for Petitioner,
Faqir Muhammad Khokhar, D.A.-G. for Respondent No. 1,
Hamid Khan for Respondents Nos. 2 and 3
|
| Petitioners |
MUSHTAQ AHMAD ALEEM
|
| Respondents |
GOVERNMENT OF PAKISTAN
|
| Citations |
1992 SLD 868 = 1992 PLC 558
|
| Other Citations |
Pakistan Muhammad Himayatullah Farrukhi PLD 1969 SC 407
|
| Laws Involved |
Civil Service Laws
|
| Sections |
N/A
|