| Case ID |
f61861d2-bb8e-4c23-b468-7080f717c1a9 |
| Body |
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| Case Number |
Writ Petition No. 572-M of 2017 |
| Decision Date |
Oct 14, 2019 |
| Hearing Date |
Oct 14, 2019 |
| Decision |
The court dismissed the constitutional petition filed by the petitioner, finding it to be non-maintainable due to the doctrine of laches. The court noted that the petitioner had willfully absented himself from duty, and therefore, the right to a hearing was not applicable. The termination of services was found to be lawful under the relevant regulations, and the omission of a hearing did not warrant reversal of the administrative authority's decision. The court distinguished this case from others cited by the petitioner, emphasizing that the lack of availability for notice and hearing negated the basis for his claims. |
| Summary |
In the case of Writ Petition No. 572-M of 2017, the Peshawar High Court addressed the termination of a Junior Clerk, MUZAMMIL SHAH, due to willful absence from duty. The court emphasized the importance of adhering to the Khyber Pakhtunkhwa Board of Technical Education Regulations, particularly Regulation No. 5, which governs the terms of probation and termination. The petitioner argued that he had not been afforded an opportunity for a hearing; however, the court ruled that such a right was not applicable given the circumstances of willful absence. The doctrine of laches was also significant in this case, as the petitioner delayed filing his writ petition for nearly a decade after the termination. This case serves as a critical reminder of the obligations of employees under probation and the legal standards surrounding administrative hearings and terminations. Key takeaways include the necessity for timely action in challenging administrative decisions and the recognition that procedural rights may not be absolute in cases of clear misconduct. The ruling highlighted the court's role in balancing individual rights against the need for effective governance within public institutions. |
| Court |
Peshawar High Court, Mingora Bench
|
| Entities Involved |
Not available
|
| Judges |
SYED ARSHAD ALI,
WIQAR AHMAD
|
| Lawyers |
Shahzullah Yousafzai
|
| Petitioners |
MUZAMMIL SHAH
|
| Respondents |
2 OTHERS,
THE CHAIRMAN BOARD OF TECHNICAL EDUCATION, PESHAWAR
|
| Citations |
2020 SLD 1754,
2020 PLC 785
|
| Other Citations |
Qazi Munir Ahmed v. Rawalpindi Medical College and Allied Hospital through Principal and others 2019 PLC (C.S.) 928,
The Secretary Government of the Punjab Health Department of Lahore and others v. Riaz-ul-Haq 1997 SCMR 1552,
Justice Khurshid Anwar Bhinder v. Federation of Pakistan and another PLD 2010 SC 483,
Nazir Ahmad Panhwar v. Government of Sindh through Chief Secretary, Sindh and others 2009 PLC (C.S.) 161,
Abdul Haque Indhar and others v. Province of Sindh through Secretary and others 2000 SCMR 907,
Abdul Waheed and another v. Secretary, Ministry of Culture and Sports and another 2002 SCMR 769,
Trustees of the Port of Karachi v. Organization of Karachi Port Trust Workers 2013 SCMR 238,
Dr. Muhammad Tahir-ul-Qadri v. Federation of Pakistan through Secretary and others PLD 2013 SC 413
|
| Laws Involved |
Khyber Pakhtunkhwa Board of Technical Education Regulations, 1994
|
| Sections |
Regln. No. 5
|