TAHIR HUSSAIN versus FEDERATION OF PAKISTAN, MINISTRY OF DEFENCE, GOVERNMENT OF PAKISTAN THROUGH SECRETARY, DEFENCE
Retired Retired Petitioner of the Applicants from the Constitutional Appeal to the Military Service 199 and 13 was retired after serving as a Major in the Pak Army, saying that by order of retirement, he filed representation, not only It was said that the representation was rejected, but at the same time his retirement was changed to his dismissal, but the applicant was not heard before the retirement nor was he given any show cause notice. He was given an opportunity to have a personal hearing, to retire his retirement order. The change was also made arbitrary by providing the applicant with an opportunity for a personal hearing, in violation of the principles of natural justice, was sufficient to set aside an unclean order that would otherwise violate fundamental rights. And Article 13 of the Constitution was also clearly violated which was banned. The use of the Double Penalty / Double Prosecution Powers option must be a fair, impartial and transparent appellate authority, without a doubt that it can overrule the order, but before the appellate authority can approve such order. The thought of raising the penalty could not have been extended without a show cause notice and without the appellate authority, the chances of a penalty hearing could not have been increased, while doing so by a defamation order, it had done more than its jurisdiction. Violation of certain provisions of Article 13 was declared illegal, without limitation Ready. As a result, the retirement order will be in the field and the applicant pension benefits
Related judgments — Lahore High Court Lahore, 2010
