Pakistan Case Law
1989 SCMR 751

TALIB HUSSAIN vs THE COMMISSIONER, RAWALPINDI and another

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Citation1989 SCMR 751
CourtSupreme Court of Pakistan
Case No.Civil Petition No,79-R of 1988
Date1988-12-10
Judge(s)Ghulam Mujaddid and Usman Ali Shah
Authored byGhulam Mujaddid
ResultLeave to appeal granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter came before the Supreme Court of Pakistan upon a petition for leave to appeal challenging the legality of an inquiry process and the subsequent imposition of a penalty. The petitioner, Talib Hussain, contended that the inquiry was conducted by an officer lacking the requisite competence and that the penalty imposed was not in accordance with the law. Upon preliminary consideration of these contentions, the Court determined that the issues raised required a deeper examination. Consequently, the Court granted leave to appeal to consider whether the procedural requirements for the inquiry were satisfied and whether the penalty was legally sustainable. The Court directed that the appeal be prepared based on the existing record, while granting the parties liberty to file additional documents within a period of two months to facilitate a comprehensive review of the case.

Questions settled in this judgment
  • Does an inquiry conducted by an officer lacking competence invalidate the resulting penalty?
  • Is a penalty imposed without adherence to legal requirements sustainable in law?
leave to appealinquiry procedurecompetent officerimposition of penaltyservice law

ORDER

1. ' GHULAM MUJADDID, J.-- Contends, inter alia, that neither the inquiry was conducted by a competent officer nor the penalty imposed was according to law.

2. ' The matter needs examination. Leave is granted accordingly.

3. ' The appeal to be prepared on the present record. The parties if they so wish may file additional documents within two months.

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