Case Details

Citation(s)
2001 SLG 1592 2001 SLD 1592 2001 SCMR 1856
Supreme Court of Pakistan
Civil Petition No.809-L of 1998, decision dated: 16-10-2000
ABDUR RAHMAN KHAN AND TANVIR AHMED KHAN, JJ
S.M. Tayyab, Senior Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Nemo for
Respondents

ZILLA COUNCIL through Administrator and another

VS

Mst. NASIRA NAHEED and 2 others

Law:

Section:

Constitution of Pakistan (1973) Art.185(3)Civil serviceLeave to appeal was granted by the Supreme Court to consider in detail the contentions that alternative remedy of appeal etc., was available to the employee before the Departmental Authority and before availing those remedies the writ petition was not maintainable; that the writ petition suffered from laches as the dismissal order of the employee was passed on 3011996, whereas the writ petition was filed on 21101997 i.e. after more than one year and nine months and, therefore, on this count alone the High Court was not competent to entertain the writ petition; that the High Court had misread the record in respect of service of notice and participation in inquiry by the employee as it was observed that she had not been afforded an opportunity to associate in the inquiry. ORDER The contentions of the learned counsel are: (i) That alternative remedy of appeal etc.,…
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