SHAHID IQBAL vs GOVERNMENT OF KHYBER PAKHTUNKHWA R — 2021 PLC(CS) 711 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PLC(CS) 711 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PLC
Parties: SHAHID IQBAL vs GOVERNMENT OF KHYBER PAKHTUNKHWA R
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SHAHID IQBAL VS GOVERNMENT OF KHYBER PAKHTUNKHWA R.2(g)---Constitution of Pakistan, Art.199---Constitutional petition---Public sector company---Contract employment---Condemned unheard, principle of---Applicability---Misconduct---Proof---Petitioner was Chief Financial Officer and his services were terminated by Board of Directors on the allegation of misconduct---Plea raised by petitioner was that he was condemned unheard---Validity---Board of Directors did not discuss material produced by petitioner nor referred the same and ignored it the time of maintaining its earlier decision regarding termination of petitioner---Such act of Board of Directors showed bias towards petitioner---Petitioner could be removed from service but strictly in accordance with law and by providing him an opportunity of hearing---Opportunity of hearing was a fundamental right in order to ensure fairness, justness and transparency which could not be denied to him under any circumstances---When dismissal for removal of contract employee was result of allegations of misconduct even then he was to get a fair chance of hearing in order to vindicate his position---To achieve the goal of transparency, petitioner was to be issued a show cause notice with charge sheet in order to provide him a reasonable opportunity of defence, followed by an inquiry in order to keep him abreast of the allegations---High Court set aside termination letter issued by authorities but denied him remunerations under the principle of "no work no gain"---Constitutional petition was allowed, in circumstances.

Other judgments reported in 2021 PLC

2021 PLC(CS)N 17 PESHAWAR-HIGH-COURTAZMAT ULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Forestry, Environment and Wildlife, Peshawar R.10---appointment by initial…
2021 PLC(CS)N 6 PESHAWAR-HIGH-COURTSANAULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Higher Education, Civil Secretariat, Peshawar Regularization of services---C…
2021 PLC(CS)N 6 PESHAWAR-HIGH-COURTSANAULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Higher Education, Civil Secretariat, Peshawar Regularization of service---Le…
2021 PLC(CS)N 6 PESHAWAR-HIGH-COURTSANAULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Higher Education, Civil Secretariat, Peshawar Regln.11(5)(c)---Temporary app…
2021 PLC(CS)N 6 PESHAWAR-HIGH-COURTSANAULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Higher Education, Civil Secretariat, Peshawar appointment---Scope---Where pr…
2021 PLC(CS)N 28 SINDH-SUBORDINATE-JUDICIARY-SERVICE-TRIBUNALALI SHAN GHORI VS HONOURABLE CHIEF JUSTICE OF SINDH HIGH COURT, KARACHI R.4(1)(b)(iv)---allegation of corruption and misconduct against empl…

Back to the case-law library · Search Pakistani case law in Urdu or English