| Case ID |
ffe965aa-a62e-4116-8ba8-a113c9d8f137 |
| Body |
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| Case Number |
Appeal No.467 of 2003 |
| Decision Date |
Jun 26, 2003 |
| Hearing Date |
Jun 23, 2003 |
| Decision |
The Tribunal accepted the appeal, setting aside the order of dismissal and reinstating Dr. Yasmin Rashid in service. The intervening period between her dismissal and reinstatement is to be treated as leave of the kind due. |
| Summary |
In this landmark case, Dr. Yasmin Rashid, a former Professor of Obstetrics and Gynae, was dismissed from service under the Punjab Removal from Service (Special Powers) Ordinance, 2000, after participating in a hunger strike against government policies. The case was heard at the Service Tribunal, Punjab, where the Tribunal found that the charges of misconduct and instigation against Dr. Rashid were not substantiated by adequate evidence. Crucial to the case was the interpretation of fundamental rights under Articles 16, 17, and 19 of the Constitution, which guarantee freedom of assembly, association, and speech. The Tribunal emphasized that these rights cannot be overridden by subordinate legislation like the West Pakistan Government Servants (Conduct) Rules, 1966. The case highlights the importance of constitutional rights and sets a precedent for protecting the rights of civil servants to peaceful assembly and protest. The Tribunal ordered the reinstatement of Dr. Rashid, marking a significant victory for civil liberties and the medical community in Pakistan. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Punjab Medical Association,
Pakistan Teachers Action Committees,
Health Department, Government of Punjab
|
| Judges |
JUSTICE (RETD.) RIAZ KAYANI
|
| Lawyers |
Mian Bilal Bashir,
Khadim Hussain Sindhu,
Dr. Sajjad-ul-Hassan
|
| Petitioners |
Dr. YASMIN RASHID
|
| Respondents |
CHIEF SECRETARY, GOVERNMENT OF THE PUNJAB, CIVIL SECRETARIAT, LAHORE
|
| Citations |
2004 SLD 1573,
2004 PLC 688
|
| Other Citations |
2003 SCMR 104,
2003 PSC 61,
1997 PLC (C.S.) 860,
AIR 1962 SC 1166
|
| Laws Involved |
Punjab Removal from Service (Special Powers) Ordinance, 2000,
West Pakistan Government Servants (Conduct) Rules, 1966
|
| Sections |
2(b),
3(b),
5-B,
25(b)
|