Case Details

Citation(s)
1996 SLG 579 1996 SLD 579 1996 PLC 590
Lahore High Court
Writ Petition No. 15817 of 1995, heard on 6-12-1995
MUHAMMAD AQIL MIRZA, J

NAZIM ALIVsDEPUTY COMMISSIONER; LAHORE and othersNAZIM ALIVsDEPUTY COMMISSIONER; LAHORE and others

Law:

Section:

Punjab Local Government Ordinance (VI of 1979)--- ----S. 42---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Natural justice, principles of---Termination of services of petitioners by Administrator of Zila Council in pursuance of directive received from Chairman, District Selection Committee, which was issued in furtherance of decision of High Court passed in earlier Constitutional petition---Validity---High Court in earlier Constitutional petition . had clarified That in those cases where recommendations had been acted upon and those recommendations for appointment were found to be violative of merit, their appointment should not be undone without first issuing proper prior show-cause notices to appointees--­Such direction was, however, ignored by the Authorities and they had admitted lapse on their part---Requirement of notice and proper hearing was not merely based on principles of natural justice but, was wedded to Injunctions of Islam--­No adverse action could be taken against a person without first giving him opportunity to show as to why contemplated action should not be taken against him in accordance with law---Petitioners who had been appointed in pursuance of recommendations made by District Selection Committee, should have been given proper show-cause notices and opportunity of hearing to show that their ouster from service was not justified---Petitioners had been turned out of service on the assumption that they did not compete the merit or their appointments were in violation of rules and procedure---Such being definite allegations, they necessitated proper inquiry which in turn required that proper and reasonable opportunity should have been granted to petitioners to show that their selection was not in violation of merit---Authorities' request for remanding cases for fresh determination of merit was accepted and orders passed against petitioners terminating their services were declared to be without lawful authority and of no legal effect, with consequence that they would still be deemed to be in service---Merit of petitioners would be determined afresh and those found to have been employed without merit would be issued…
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