| Case ID |
ee23da7e-343c-4bf9-9dd4-365adc4e132d |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 5302 of 1987 |
| Decision Date |
|
| Hearing Date |
May 19, 1991 |
| Decision |
The Lahore High Court, presided over by Justice Irshad Hasan Khan, delivered a pivotal decision on the merits of Writ Petition No. 5302 of 1987. The court examined the procedural and legal aspects surrounding the initiation and subsequent withdrawal of disciplinary proceedings against the petitioner, Muhammad Aslam Qureshi, under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. Specifically, the court focused on Section R.6(2) of the aforementioned rules and Article 199 of the Constitution of Pakistan, 1973. It was determined that the order issued by the respondent Government to withdraw or drop the disciplinary proceedings had once taken effect, thereby rendering it irretrievable. Consequently, any attempt by the respondent Government to initiate new disciplinary proceedings against the petitioner was found to be devoid of lawful authority and, hence, of no legal effect. The court underscored the principle that once a disciplinary action has been conclusively withdrawn, it cannot be reinstated or reinitiated without proper legal justification. Additionally, the court reviewed Section 4 of the West Pakistan Employees' Social Security Ordinance (X of 1965), concluding that this provision does not grant the Government the authority to issue instructions pertaining to grievances of servants within the Social Security Institution. This decision reinforces the limitations on governmental power in matters of departmental discipline and employee grievances, ensuring adherence to established legal frameworks and safeguarding the rights of public servants. |
| Summary |
In the landmark case of Writ Petition No. 5302 of 1987, adjudicated by the Lahore High Court on May 19, 1991, the petitioner, Muhammad Aslam Qureshi, challenged the legitimacy of disciplinary actions initiated against him under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. Represented by Malik Saeed Hassan, the petitioner sought relief against the Secretary to the Government of the Punjab and others, who were counseled by Maqbool Elahi Malik, A. G. Punjab, and Zafar Iqbal Khan. The crux of the case revolved around the initiation and subsequent withdrawal of disciplinary proceedings, specifically examining Section R.6(2) of the 1975 Rules and Article 199 of the Constitution of Pakistan, 1973. Justice Irshad Hasan Khan meticulously analyzed the procedural safeguards embedded within these legal provisions, determining that the government's order to withdraw or drop the disciplinary proceedings had irrevocably taken effect, thereby precluding any possibility of retracing or reversing that decision. The court emphatically held that initiating new disciplinary actions against the petitioner, after such an order, was unauthorized and lacked legal standing. Furthermore, the petitioner raised issues under Section 4 of the West Pakistan Employees' Social Security Ordinance (X of 1965), questioning the government's authority to issue instructions concerning grievances of servants within the Social Security Institution. The court affirmed that Section 4 did not empower the government to intervene in such matters, thereby upholding the autonomy of social security institutions in handling internal grievances. This decision is pivotal in reinforcing the principles of administrative law in Pakistan, particularly concerning the limitations on governmental authority in disciplinary matters and employee grievances. It underscores the necessity for adherence to established legal frameworks and procedural justice, ensuring that public servants are protected against arbitrary or unauthorized disciplinary actions. The litigation strategy employed by the petitioner's legal team effectively highlighted the overreach by the respondent Government, leveraging constitutional and statutory interpretations to safeguard the rights of the petitioner. Additionally, the case underscores the judiciary's role in maintaining checks and balances within the governmental apparatus, ensuring that disciplinary processes are conducted lawfully and justly. The involvement of high-profile legal representatives such as Malik Saeed Hassan, Maqbool Elahi Malik, and Zafar Iqbal Khan further emphasizes the significance of the case within the legal community. This ruling not only provided immediate relief to the petitioner but also set a precedent for future cases involving departmental discipline and the scope of governmental authority under Pakistani law. It serves as a reference point for legal practitioners and public servants alike, delineating the boundaries of lawful administrative actions and reinforcing the protection of employee rights within the public sector. Moreover, the decision highlights the importance of clear and unambiguous legal provisions in regulating disciplinary actions, ensuring that both employers and employees are aware of their rights and obligations. In the broader context, this case contributes to the evolving jurisprudence of Pakistan, advocating for greater transparency, accountability, and fairness in administrative practices. It also reflects the judiciary's commitment to upholding constitutional mandates and statutory directives, ensuring that governmental actions remain within the bounds of the law. As such, Writ Petition No. 5302 of 1987 stands as a testament to the rule of law and the judiciary's pivotal role in safeguarding individual rights against potential administrative excesses. For legal scholars and practitioners, this case offers valuable insights into the interplay between constitutional provisions and administrative regulations, serving as a critical reference in the discourse on administrative justice and employee rights within the Pakistani legal system. |
| Court |
Lahore High Court
|
| Entities Involved |
Punjab Government,
Social Security Institution
|
| Judges |
IRSHAD HASAN KHAN, J
|
| Lawyers |
Malik Saeed Hassan,
Maqbool Elahi Malik, A. G. Punjab,
Zafar Iqbal Khan
|
| Petitioners |
MUHAMMAD ASLAM QURESHI
|
| Respondents |
SECRETARY TO GOVERNMENT OF THE PUNJAB and others
|
| Citations |
1992 SLD 719,
1992 PLC 268
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975,
Constitution of Pakistan (1973),
West Pakistan Employees' Social Security Ordinance (X of 1965)
|
| Sections |
R. 6(2),
Art. 199,
S. 4
|