Supreme Court of Pakistan
Muhammad Ramzan v. Regional Police Officer, Multan and others
Published on this website
C.R.P. 1226/2023 in C.A. 1590-L/2021 and C.R.P. 1227/2023 in C.P.L.A. 1309-L/2021 (as headed)
Citation: Approved for reporting; reporter citation not printed
Background
Background
Supreme Court recalls Ramzan’s service decision after finding reliance on an ineffective dismissal order; department must follow Tribunal inquiry directions.
The Supreme Court of Pakistan has recalled its earlier decision in Muhammad Ramzan's service dispute after finding an error apparent on the face of the record. The earlier decision had relied on an old dismissal order that had lost its efficacy after the department reinstated him under a Punjab Service Tribunal judgment. Material facts about a later dismissal and the treatment of employees facing the same allegations had also escaped attention.
Legal questions
Legal questions
Whether reliance on an earlier dismissal order, despite subsequent reinstatement and material facts about parity, constituted an error apparent justifying review.
Court holding
What the Court decided
The earlier dismissal letter had lost efficacy after departmental reinstatement under the Tribunal judgment. Reliance on it and overlooking material facts constituted an error apparent; the prior Supreme Court order was recalled.
Final outcome
Final outcome
Order of 1 November 2023 recalled. Connected proceedings restored, heard, converted into appeals and disposed of with directions to follow paragraph 6 of the Tribunal judgment dated 2 April 2021 and pass an appropriate order.
Practical effect
What the decision means in practice
Order of 1 November 2023 recalled. Connected proceedings restored, heard, converted into appeals and disposed of with directions to follow paragraph 6 of the Tribunal judgment dated 2 April 2021 and pass an appropriate order.
This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.
Key legal principles
Key legal principles
- The earlier dismissal letter had lost efficacy after departmental reinstatement under the Tribunal judgment. Reliance on it and overlooking material facts constituted an error apparent; the prior Supreme Court order was recalled.
- Review does not permit a second hearing merely because another view is possible; the material error must be apparent.
- Parity supported remand for a regular inquiry; it did not constitute final exoneration or an unconditional award of back benefits.
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Later treatment
Later treatment
Reporter citation and later judicial treatment not independently verified. Tribunal paragraph 6 is not reproduced in full in the supplied judgment.
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Related article
Related article
Supreme Court recalls Ramzan’s service decision after finding reliance on an ineffective dismissal order; department must follow Tribunal inquiry directions.
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