Case Details

Citation(s)
2008 SLG 1393 2008 SLD 1393 2008 PLC 1212
Supreme Court of Pakistan
Civil Petitions Nos.2742 to 2745 of 2004, decided on 8th January, 2007, Date of hearing: 8th January, 2007. (On appeal from the judgment, dated 15-12-2004 in Service Appeals Nos.44, 56, 57 and 55 of 2001 passed by the Punjab Subordinate Judiciary Service
RANA BHAGWANDAS, NASIR-UL-MULK AND HAMID ALI MIRZA, JJ
Farooq Zaman Qureshi, Advocate Supreme Court for
Respondents.

GHULAM RASOOL RANJHA

VS

GOVERNMENT OF THE PUNJAB through Chief Secretary, Province of Punjab, Lahore and others

Law: Punjab Subordinate Judiciary Service Tribunal Act, 1991

Section: 5

Law: Punjab Civil Servants (Efficiency and Discipline) Rules, 1975)

Section: 3(b),4(1)(b)(iv)

Law: Constitution of Pakistan, 1973

Section: 212(3)

Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)---   ----S. 5---Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, Rr.3(b) 4(1)(b)(iv)---Constitution of Pakistan (1973), Art.212(3)---Dismissal from service---Penalty of dismissal from service was imposed upon the petitioner after issuing him show-cause notice and holding inquiry against him on charges of misconduct and corruption---Allegation against petitioner was that he had received illegal gratification through his Naib Qasid---Inquiry Officer after holding inquiry against petitioner found him corrupt and recommended imposition of any major penalty---Authority, after affording petitioner opportunity of hearing, dismissed him from service---No legal or factual infirmity had been pointed out or asserted by the petitioner in the impugned ---Overwhelming evidence on record indicated that the charges of corruption and misconduct were proved against the petitioner beyond any reason of doubt---A.C.Rs. of the petitioner for the years 1997 to 1999 also indicated that petitioner was reputed to be corrupt and had bad reputation---Petitioner could not be granted any premium for his misconduct or corruption which was considered highest degree of disqualification of a Judicial Officer, which could not be permitted---No ground for conversion of punishment from dismissal to compulsory retirement was made out in view of the charge of corruption amounting to misconduct which stood proved beyond reason of doubt against the petitioner. JUDGMENT HAMID ALI MIRZA, J.--- These four petitions for leave to appeal are directed against the same order, dated 15-10-2004 passed in Service Appeals Nos.44, 56, 57 and 55 of 2001, whereby all appeals were dismissed by the Punjab Subordinate Judiciary Service Tribunal, Lahore High Court, Lahore. The C.P.L.A. No.2742 of 2004 is directed against the dismissal of the petitioner from service while other three petitions are against the adverse A.C.Rs. recorded for the years 1997, 1998 and 1999, hence these petitions. 2. Brief facts of the case are that the petitioner was transferred from Gujranwala to Narowal. Two complaints against him were received by the District…
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