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2001 SCMR 1856

ZILLA COUNCIL through Administrator and another vs Mst. NASIRA NAHEED

Petitioner: ZILLA COUNCIL through Administrator and another VS Respondent: Mst. NASIRA NAHEED and 2 others

Court: Supreme Court of Pakistan Decision Date: 2000-10-16

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Abdur Rehman Khan, Tanvir Ahmed Khan Title:ZILLA COUNCIL through Administrator and another vs Mst. NASIRA NAHEED

and 2 others Case No.: Civil Petition No,809-L of 1998 Date of Judgment:2000-10-16 Reported As: 2001 SCMR 1856 Result: Leave granted Judgment ORDER ' The contentions of the learned counsel are:-- (i) That alternative remedy of appeal etc., was available to the respondent before the Departmental Authority and before availing those remedies the writ petition was not maintainable; (ii) The writ petition suffered from laches as the dismissal order of the respondent was passed on 30-1-1996, whereas the writ petition was filed on 21-10-1997 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; (iii) That the learned Judge in the High Court has misread the record in respect of service of notice and participation in inquiry by the respondent as it was observed that she had not been afforded an opportunity to associate in the inquiry. ' We grant leave to consider in detail the above contention.

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