Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: GOVERNMENT OF WEST PAKISTAN VS Respondent: HAJI MUHAMMADHonorable Justice MUHAMMAD YAQUB ALI
1969 S C M R 117
1969 S C M R 117
Present: Hamoodur Rahman and Muhammad Yaqub Ali, JJ
GOVERNMENT OF WEST PAKISTAN Petitioner
versus
HAJI MUHAMMAD, MALI‑Respondent
Petition for Special Leave to Appeal No. 178 of 1968, decided on 21st October 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 22nd December 1967, in R. S. A. No. 56 of 1964/BWP).
Constitution of Pakistan (1962)---
---Art. 178‑Provision whether not applicable in matters relating to dismissal from service of an employee (a Mali) alleged to be member of a contingent establish ment as distinguished from civil service within Art. 178‑Special Leave to Appeal granted by Supreme Court to consider question.
Kartar Singh Jati Singh v. State of Patiala and East Punjab States A I R 1953 Pepsu 25 and Lachmi v. Military Secretary A I R 1956 Pat. 398 ref.
Sheikh Muhammad Bashir; Additional Advocate‑General West Pakistan (Iftikharul Haq Khan, Advocate Supreme Court with him) instructed by Siddiq & Company, Attorneys for Petitioner.
Nemo for Respondent.
Date of hearing : 21st. October 1968.
ORDER
MUHAMMAD YAQUB ALI, J.‑The respondent employed as a Mali in the Government Polytechnic Institute, Bahawalpur, was dismissed from service on the 10th March 1959, for being absent from duty. As no shovel‑cause notice contemplated under Article 178 of the Constitution was given, the High Court ‑has on appeal set aside the order of dismissal from which the Provincial Government seeks leave to appeal.
The learned Additional Advocate‑General states that the respondent was a member of the contingent establishment which is distinguishable from civil service of a province within Article 178 of the Constitution. Relies on two decisions from the Indian jurisdiction Kartar Singh Jati Singh v. State of Patiala and East Punjab States (A I R 1953 Pepsu 25) and Lachmi v. Military Secretary (A I R 1956 Pat. 398).
The question raised is of general public importance. We grant leave to appeal.
Leave granted.