| Citation(s) |
|---|
| 2006 SLG 484 2006 SLD 484 2006 SCMR 1876 |
Supreme Court of Pakistan
Civil Petition No. 664-L of 2003, decided on 2nd May, 2006. (On appeal from the judgment, dated 18-12-2002 of the Punjab Service Tribunal, Lahore, passed in Appeal No. 75 of 2002)
KHALIL-UR-REHMAN RAMDAY AND RAJA FAYYAZ AHMED, JJ
M. Aftab Iqbal Chaudhry, Advocate-General Punjab with Imtiaz Ahmed Chaudhry, Advocate Supreme Court and Fayyaz Ahmed, S.O. Law Department, Lahore.
Respondent in person
Civil Petition No. 664-L of 2003, decided on 2nd May, 2006. (On appeal from the judgment, dated 18-12-2002 of the Punjab Service Tribunal, Lahore, passed in Appeal No. 75 of 2002)
KHALIL-UR-REHMAN RAMDAY AND RAJA FAYYAZ AHMED, JJ
M. Aftab Iqbal Chaudhry, Advocate-General Punjab with Imtiaz Ahmed Chaudhry, Advocate Supreme Court and Fayyaz Ahmed, S.O. Law Department, Lahore.
Respondent in person
CHIEF SECRETARY PUNJAB and others
VS
ABDUL RAOOF DASTI
Law: Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974
Section: 23
Law: Punjab Civil Servants (Efficiency and Discipline) Rules, 1975)
Section: 2(d)
Law: Constitution of Pakistan, 1973
Section: 187
Law: Removal from Service (Special Powers) Ordinance (XVII of 2000)
Section: 3
(a) Civil service--- ----Non-participation in inquiry proceedings---Violation of principles of natural justice---Effect---Mere non-participation of a person in inquiry proceedings cannot, under all circumstances, be declared to have amounted to violation of principles of natural justice and consequently fatal to the punitive action, unless it can be shown that some prejudice was caused to the person so condemned. (b) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974--- ----R. 23---Appointment of civil servant---Relaxation of rules---Principles and scope---Chief Minister is blessed with the authority to relax rules only in cases of hardship and for "Special Reasons" justifying the same. (c) Removal from Service (Special Powers) Ordinance (XVII of 2000)--- --- S. 3---Punjab Civil Servants (Appointment and Condition of Service) Rules, 1974, R.23---Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, R. 2(d)---Political appointment---Misconduct---Civil servant was serving as Assistant District Attorney and bypassing all legal formalities, he was directly appointed as Deputy District Attorney 'by Chief Minister, on the recommendations of Law Minister---Authorities in exercise of powers under S.3 of Removal from Service (Special Powers) Ordinance, 2000, initiated proceedings against the civil servant and reverted him to the post of Assistant District Attorney---Service Tribunal set aside the order passed by the authorities on the ground that he was directly appointed by competent authority and could not be reverted to the lower post---Validity---Civil servant secured illegal appointment only because he was posted in a district to which Minister in-charge belonged---In manoeuvring such appointment, the civil servant showed contempt not only to the law but also to the rights of his colleagues who stood ahead of him in queue with much longer service---By such conduct, the civil servant also caused injustice to hundreds of others who could have been much better qualified than him and who would have been better entitled to the post in question, if the same had been thrown open to the public to be filled in through a 'fair, just and…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492