| Citation(s) |
|---|
| 2017 SLG 1282 2017 SLD 1282 2017 PLJ 163 |
Service Tribunal, Punjab
Appeal Nos. 1798 of 2014, & 2610 of 2014, decided on 8.12.2016. Date of hearing: 11.11.2016.
JAWAD-UL-HASSAN, MEMBER-I
Mian Bilal Bashir, Advocate for Appellant (in Appeal No. 1798 of 2014). Mr. Asif Nazir Awan, Advocate for Appellant (in Appeal No. 2610 of 2014). Mr. Mazhar Hayat Dogar, DA and Mr. Nawazish Ali Basra, Law Officer for
Respondents.
Appeal Nos. 1798 of 2014, & 2610 of 2014, decided on 8.12.2016. Date of hearing: 11.11.2016.
JAWAD-UL-HASSAN, MEMBER-I
Mian Bilal Bashir, Advocate for Appellant (in Appeal No. 1798 of 2014). Mr. Asif Nazir Awan, Advocate for Appellant (in Appeal No. 2610 of 2014). Mr. Mazhar Hayat Dogar, DA and Mr. Nawazish Ali Basra, Law Officer for
Respondents.
ZAHID YOUNIS, DISTRICT PUBLIC PROSECUTOR AND ANOTHER . --AppellantS
VS
CHIEF SECRETARY GOVERNMENT OF PUNJAB AND OTHERS . --RespondentS
Law:
Section:
Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006 --.-- --.-- Ss. 2(1)(i) 20 --.-- Punjab Civil Servants Act, 1974, S. 23 --.-- Civil servant --.-- Jurisdiction of service tribunal --.-- Allegation of corruption --.-- Question of --.-- Whether all appellants being prosecutors are civil servants --.-- Determination --.-- Applicability of Punjab Civil Servants Act --.-- Validity --.-- Had legislature of intention to declare prosecutors as civil servants a specific provision would have been inserted declaring them as civil servants but no such provision exists in Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006 (Act III of 2006), therefore, it is found that prosecutors (appellants) were not civil servants --.-- Appeals were dismissed being not maintainable. Punjab Criminal Procedure Service (Constitution, Functions and Powers) Act, 2006 --.-- --.-- Preamble --.-- Prosecution agency in Punjab was raised independent, free from clutches of executive. Punjab Employees Efficiency, Disciplinary and Accountability Act, 2006 --.-- --.-- Ss. 2(h)(i) 19 --.-- Civil servant --.-- Penalized --.-- Forum of appeals --.-- Jurisdiction --.-- Section 19 of PEEDA Act, 2006 creates a forum of appeals and give rights to aggrieved persons to invoke jurisdiction of service tribunal --.-- An amendment was introduced in Section 19 of PEEDA Act, 2006 on 29.5.2014 in which employees mentioned in Section 2(h)(i) were excluded from definition of civil servant for purpose of PEEDA Act, 2006. THIS JUDGMENT DELIVERED BY: JAWAD-UL-HASSAN, MEMBER-I:---.--- As all the appellants are prosecutors within the meaning of Section 2(1)(l) of the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006 (Act III of 2006). During the proceedings a question emerged as to whether all the appellants being prosecutors are civil servants or not in view of different provisions of the Act ibid, therefore, I intend to decide the question of civil servant by this single order and jurisdiction of this Tribunal. 2. Brief facts of the case are that all the appellants were proceeded by Secretary Government of the Punjab…
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