1989 PLP (C (PLC(CS))
SADIQ ALI H. LAKHANI. Versus THE BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, HYDERABAD
| Citation | 1989 PLP (C (PLC(CS)) |
| Forum / Court | Karachi High Court |
| Bench Members | Saleem Akhtar and Allahdino G. Memon, JJ |
| Parties | SADIQ ALI H. LAKHANI. Versus THE BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, HYDERABAD |
Q1: What are the key laws and sections cited in 1989 PLP (C (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP (C (PLC(CS))?
The case was heard and decided by the Karachi High Court bench comprising: Saleem Akhtar and Allahdino G. Memon, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP (C (PLC(CS)) (SADIQ ALI H. LAKHANI. Versus THE BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, HYDERABAD). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- G.M. Saleem for Petitioner.
- Pir Bux Khameesani for Respondent.
- Date of hearing: 31st March, 1988.
- Mr. Abdul Rahim Kazi the learned Additional Advocate‑General is present on Court notice and has frankly stated that the impugned order suffers from illegalities as no show‑cause notice was issued to the petitioner before passing the said order. The matter had been argued by Mr. G.M. Saleem the learned counsel for the petitioner on 29‑3‑1988 when Mr. Khameesani requested for time for seeking instructions from the respondents. Today Mr. Khameesani has appeared and states that the impugned order may be set aside as it offends against the principles of natural justice. In these circumstances, by consent we declare that the impugned order has been passed without lawful authority and is of no legal effect. The respondent will, however, be at liberty to take such action as may be permissible under law. Parties to bear their own costs.
Headnotes / Summary
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 ‑‑‑R. 4‑‑Constitution of Pakistan (1973), Art. 199‑‑Civil servant‑‑Termination of service without show‑cause notice being violative of principles of natural justice, was declared to be without lawful authority and of no legal effect by High Court in exercise of Constitutional jurisdiction. Abdul Rahim Kazi, Addl. A.‑G. on Court Notice.
Judgment & Decree
SALEEM AKHTAR, J.‑‑The petitioner was appointed in Grade‑16 as a Stores Officer in General Branch against the post of Purchase Officer with effect from 5th July, 1977. His appointment was approved by the respondent and he was transferred and posted as Superintendent Grade‑16 by notification dated 27‑2‑1980. It has been alleged that the respondent with a view to favour another employee transferred the petitioner from his substantive post of Superintendent to the post of Stores Officer on 18‑4‑1984. It seems that the petitioner challenged this order in a civil suit, but it was dismissed on 12‑8‑1987 for non‑prosecution. On 15‑8‑1987 the petitioner was served with an order terminating his service on the ground of "unsatisfactory and unsuitable work" from the year of his appointment. This order has been challenged on the ground that it is mala fide, unlawful, without jurisdiction and in violation of the principles of natural justice Mr. Abdul Rahim Kazi the learned Additional Advocate‑General is present on Court notice and has frankly stated that the impugned order suffers from illegalities as no show‑cause notice was issued to the petitioner before passing the said order. The matter had been argued by Mr. G.M. Saleem the learned counsel for the petitioner on 29‑3‑1988 when Mr. Khameesani requested for time for seeking instructions from the respondents. Today Mr. Khameesani has appeared and states that the impugned order may be set aside as it offends against the principles of natural justice. In these circumstances, by consent we declare that the impugned order has been passed without lawful authority and is of no legal effect. The respondent will, however, be at liberty to take such action as may be permissible under law. Parties to bear their own costs. AA./S‑391/K Petition accepted