| Citation(s) |
|---|
| 2012 SLG 1363 2012 SLD 1363 2012 SCMR 45 |
Supreme Court of Pakistan
Civil Petitions Nos. 871-L to 877-L, 881-L to 886-L and892-L to 898-L of 2011, decision dated: 11-07-2011
TASSADUQ HUSSAIN, JILLANI AND SARMAD, JALAL OSMANY, JJ
Shahid Mubeen, Additional A.-G., Punjab for Petitioners (in all petitions). Nasim Saibr Ch. Advocate Supreme Court for
Respondent No.1 (in Civil Petitions Nos. 871, 873 and 881-L). Ch. M. Zafar Iqbal, Advocate Supreme Court for
Respondents (in Civil Petition No. 898-L of 2011). Date of hearing: 11th July, 2011.
Civil Petitions Nos. 871-L to 877-L, 881-L to 886-L and892-L to 898-L of 2011, decision dated: 11-07-2011
TASSADUQ HUSSAIN, JILLANI AND SARMAD, JALAL OSMANY, JJ
Shahid Mubeen, Additional A.-G., Punjab for Petitioners (in all petitions). Nasim Saibr Ch. Advocate Supreme Court for
Respondent No.1 (in Civil Petitions Nos. 871, 873 and 881-L). Ch. M. Zafar Iqbal, Advocate Supreme Court for
Respondents (in Civil Petition No. 898-L of 2011). Date of hearing: 11th July, 2011.
CHIEF SECRETARY, GOVERNMENT OF THE PUNJAB, and anothervsSHAFIQUE AHMAD CHAUDHRY and others
Law: Punjab Employees Efficiency, Discipline and Accountability Act, 2006
Section: 7
Law: Punjab Service Tribunals Act, (IX of 1974)
Section: 4
Law: Constitution of Pakistan, 1973
Section: 212(3)
Punjab Employees' Efficiency, Discipline and Accountability Act (XII of 2006)-------S. 7--- Punjab Service Tribunals Act (IX of 1974), S. 4---Constitution of Pakistan, Art. 212(3)---Withholding of promotion and recovery of loss caused to public exchequer, penalty of---Executive Engineers and Store-Keepers in Irrigation Department---Financial embezzlement, charges of---Appeal filed by such officials accepted by Service Tribunal---Validity---No evidence on record available to prove that Engineers were directly responsible for making purchases and were dishonest in such exercise or thereby made any financial gain---Store-Keepers by virtue of their functions could not be saddled with liability of irregularities in purchases---Tribunal had rightly annulled the order of departmental authority---Supreme Court refused to grant leave to appeal in circumstances.University of the Punjab, Lahore and 2 others v. Ch. Sardar Ali 1999 SCMR 1639 ref.JUDGMENTTASSADUQ HUSSAIN JILLANI, J.---This judgment shall dispose of Civil Petitions Nos. 871-L to 877-L, 881-L to 886-L, 892-L to 898-L of 2011 as they are directed against a consolidated judgment dated 21-2-2011 vide which the learned Punjab Service Tribunal partly allowed nine appeals challenging the order of the departmental authority whereby the respondents officials of the Irrigation Department having been proceeded against on charges of inefficiency, misconduct, corruption and financial irregularities causing huge loss to public exchequer were awarded various penalties details of which are given below:--Sr.No.Name of the AppellantAppeal No.Penalty imposed1.GhulamMurtazaBaloch, Executive Engineer.1462 of2010Withholding of promotion for a period of three years along with recovery of1/4th of the loss ofRs.99,64,379.412.Mr. Shafique Ahmed, SDO1387 of2010Withholding of promotion for a period of three years along with recovery of1/4th of the loss ofRs.51,05,927.483.Mr. HaiderZaman Khan,SDO1496 of2010Withholding to an initial stage in pay scale along with recovery of 1/4th ofthe loss ofRs.74,38,467.654.Mr. Khalid Iqbal, SDO1400 of2010Withholding of promotion for two years along with recovery of 1/4th of the…
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