Pakistan Case LawIMAM BUX Versus PROVINCE OF WEST PAKISTAN THROUGH THEDEPUTY
This petition for special leave to appeal challenges an order of the High Court of West Pakistan, which set aside an injunction previously granted in favour of the petitioner. The petitioner, an Assistant in the office of the Director, Basic Democracy, was dismissed from service following disciplinary proceedings regarding the unauthorized purchase of a taxi-car. The petitioner subsequently filed a civil suit seeking a declaration that his dismissal was illegal and obtained an interim injunction from the trial court, later upheld by the District Judge, restraining the government from removing him from service. The High Court, exercising its revisional jurisdiction, set aside the injunction order. The Supreme Court considered whether the petitioner was entitled to the interim relief of an injunction against his dismissal from government service. The Court ultimately denied the petition for special leave to appeal, effectively maintaining the High Court's decision to vacate the injunction. The judgment affirms the principle that interim injunctions restraining the government from removing a public servant from service are not granted as a matter of course, particularly where the underlying suit challenges the legality of a dismissal order.
- Can a civil court grant an interim injunction restraining the government from removing a public servant from service during the pendency of a suit challenging the dismissal?
- Does a High Court have the authority to set aside an injunction order granted by lower courts in a revision application?
ORDER
WAHIDUDDIN AHMAD, J.-This petition for special leave to appeal is directed against the order of the High Court of West Pakistan, Karachi Bench, in Revision Application No. 41 of 1969, dated the 4th March 1970. By this order, a learned Single Judge of the High Court set aside the injunction order issued in favour of the petitioner.
The petitioner, who was an Assistant in the office of the Director, Basic Democracy, was charge- sheeted for doing private business by purchasing a taxi-car without Government permission. An Inquiry Officer was appointed and the petitioner, on final report, was dismissed from service. The petitioner filed Suit No. 60 of 1968, in the Court of Civil Judge, First Class, Khairpur for a declaration that the order of dismissal was illegal. During the pendency of the suit he prayed for injunction restraining the Government-respondent from removing him from service. The learned Civil Judge granted him injunction in these terms. This order was also upheld by the District Judge, Khairpur. The Provincial Government filed a revision before the High Court of West Pakistan, Karachi Bench, and the learned Single Judge set aside the order and allowed the revision. The petitioner seeks permission to file an appeal against the said order. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
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