P L D 1991 Lahore 469 (PLP)
NAZIR AHMAD — Appellant Versus THE ISLAMIC REPUBLIC OFD PAKISTAN through
| Citation | P L D 1991 Lahore 469 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | NAZIR AHMAD — Appellant Versus THE ISLAMIC REPUBLIC OFD PAKISTAN through |
| Primary Law | (b) Tort, (a) Tort |
Q1: What are the key laws and sections cited in P L D 1991 Lahore 469 (PLP)?
This judgment primarily cites: (b) Tort, (a) Tort as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1991 Lahore 469 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1991 Lahore 469 (PLP) (NAZIR AHMAD — Appellant Versus THE ISLAMIC REPUBLIC OFD PAKISTAN through). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Naveed Sheharyar for Appellant. Sh. Maqbool Ahmed, Standing Coursel for Respondent.
Headnotes / Summary
Suit for damages against wrongful retirement
Wrongful retirement
Appellant's suit was based upon the plea that on account of his compulsory retirement, he had undergone mental torture, financial hardship and had suffered loss in reputation
Appellant's reinstatement into service and grant of back benefits by the Service Tribunal could not be considered as having taken away his right to recover the damages or loss, if any suffered by him
Finding of Trial Court, that once a wrongful act was set aside, and person concerned was compensated by way of reinstatement with back benefits, then it could not be said that such person suffered any loss of reputation, financial hardship or mental torture, being erroneous and wrong, was set aside and case was remanded for decision afresh in accordance with law. [p. 472] B
Judgment & Decree
(a) Tort
Suit for damages against wrongful retirement
Government's liability for tortious acts of its servants/employees
Principle that the "King can do no wrong" and that the King could not be sued in his own Courts was inapplicable to Pakistan especially when Government was acting in relation to its citizens where it could act only in accordance with municipal law
Government was thus, liable for the tortious acts of its servants
Dismissal of appellant having been ratified and owned by the Government, it was for that reason also liable for the acts of.its employees
Finding of Trial Court that Government was not liable for the the tortious acts of its servants/employees being erroneous and unsound was set aside in circumstances.--[Damages]. [p. 472] A Pakistan through the Secrtary, Ministry of Rehabilitation, Government of Pakistan, Rawalpindi v. Muhammad Yaqoob Butt and another PLD 1963 SC 627; Ch. Muhammad Nawaz v. Province of West Pakistan PLD 1975 BJ 11 rel. (b) Tort
Wrongful retirement
Appellant's suit was based upon the plea that on account of his compulsory retirement, he had undergone mental torture, financial hardship and had suffered loss in reputation
Appellant's reinstatement into service and grant of back benefits by the Service Tribunal could not be considered as having taken away his right to recover the damages or loss, if any suffered by him
Finding of Trial Court, that once a wrongful act was set aside, and person concerned was compensated by way of reinstatement with back benefits, then it could not be said that such person suffered any loss of reputation, financial hardship or mental torture, being erroneous and wrong, was set aside and case was remanded for decision afresh in accordance with law. [p. 472] B Sh. Naveed Sheharyar for Appellant. Sh. Maqbool Ahmed, Standing Coursel for Respondent. Date of hearing: 30th April, 1991.