| Citation(s) |
|---|
| 2013 SLG 1864 2013 SLD 1864 2013 PLC 752 |
Lahore High Court
Intra-Court Appeal No.100 of 2006 in Writ Petition No.679 of 2006, decision dated: 19-09-2012
IJAZ AHMAD AND CH. MUHAMMAD YOUNIS, JJ
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Intra-Court Appeal No.100 of 2006 in Writ Petition No.679 of 2006, decision dated: 19-09-2012
IJAZ AHMAD AND CH. MUHAMMAD YOUNIS, JJ
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BASHIR AHMAD
VS
BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, MULTAN through Chairman and 3 others
Law:
Section:
Law Reforms Ordinance (XII of 1972)--- ----S. 3---Constitution of Pakistan, Art.199---Intra-court appeal---Maintainability---Civil Service---Removal from service---Impugned passed by the Single Judge of High Court was based on sound reasoning and each and every aspect of the matter had been discussed and dealt with in detail---Proviso to S.3 of the Law Reforms Ordinance, 1972 had provided that appeal referred to in subsection (ii) of S.3 of Law Reforms Ordinance, 1972 would not be available and competent, if the application brought before the High Court under Art.199 of the Constitution would arise out of any proceedings in which the law applicable, provided for at least one appeal or one revision or one review to any court, Tribunal or authority against the original order---Order of removal from service against the petitioner/appellant was assailed in the constitutional petition and appeal was provided to the departmental authority against the same---Appellant availed said remedy by filing an appeal---Intra-court appeal against the of the Single Judge was barred by Proviso of S.3 of the Law Reforms Ordinance, 1972. ORDER This Intra Court Appeal has been preferred by the appellant against the Judgment dated 27-6-2006 passed by the learned Single Judge in Chamber whereby he dismissed the Writ Petition No.679 of 2006 filed by the appellant. 2. Briefly stated the facts giving rise to the instant appeal are that the appellant was appointed as Junior Clerk in the respondents-Board on 30-5-1995. During the examination three persons were detected and apprehended for impersonating and changing the photographs on the role number slips. A criminal case was registered against them. After conducting an inquiry the petitioner was also found to be involved in the matter being the Dealing Clerk. Statement of allegations was served on him and he was charge sheeted on 16-2-1997. In reply thereto he tendered his unconditional apology partly admitting his lapse. The Inquiry Officer found the appellant to be guilty. The Authorized Officer concurred with the report of the Inquiry Officer and the Authority imposed major penalty of removal from service. He was accordingly removed…
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