| Case ID |
f9794a9e-df88-44bf-afaa-fe5a3ae3dd15 |
| Body |
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| Case Number |
Writ Petition No. 1786 of 1982 |
| Decision Date |
Feb 13, 1989 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the petitioner's request for reinstatement in service, concluding that the Chief Minister's notation of having 'seen' the summary indicated agreement with the recommendations for reinstatement. The Court observed that the proceedings against the petitioner under the Martial Law Order were flawed, citing that other similarly situated officers were treated more leniently. The decision underscored the need for due process and fair treatment in administrative actions against civil servants. The petition was accepted, and the petitioner was directed to be reinstated, with costs borne by the parties themselves. |
| Summary |
In the case of Writ Petition No. 1786 of 1982, the Lahore High Court addressed significant issues surrounding the premature retirement of Muhammad Riaz Malik, a civil servant, under the Punjab Civil Servants Act and the Constitution of Pakistan. The petitioner argued that the inquiry leading to his retirement was procedurally flawed, lacking opportunities for rebuttal and cross-examination. The Court emphasized the importance of administrative fairness and the implications of the 'seen' notation by the Chief Minister, interpreting it as an endorsement of the recommendations for reinstatement. The decision highlighted the necessity for justice and equity in civil service proceedings, reinforcing the legal standards governing the treatment of civil servants. This case serves as a critical reference for similar disputes, advocating for transparency and adherence to lawful procedures in administrative actions. The ruling has implications for civil servants' rights and the responsibilities of governmental authorities in Pakistan, making it a landmark decision in the realm of administrative law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKURUL SALAM, CJ,
LEHRASAP KHAN, JUSTICE
|
| Lawyers |
Mian Dilawar Mahmood,
M.N. Beg,
Maqbool Ilahi Malik,
Muhammad Rashid Malik
|
| Petitioners |
MUHAMMAD RIAZ MALIK
|
| Respondents |
others,
Syed ASAD ALI SHAH
|
| Citations |
1989 SLD 1842,
1989 PLC 650
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974),
Constitution of Pakistan (1973)
|
| Sections |
22,
27-A,
270-A,
199
|