| Citation(s) |
|---|
| 2020 SLG 2367 2020 SLD 2367 2020 PLC 1291 |
Supreme Court of Pakistan
Civil Appeal No. 36-L of 2020, decided on 10th July, 2020, Date of hearing: 10th July, 2020. (Appeal from the judgment Dated 12.08.2014 passed by the Punjab Service Tribunal, Lahore in Appeal No. 3767 of 2010)
MANZOOR AHMAD MALIK, JUSTICE AMIN-UD-DIN KHAN, JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Rana Shamshad Khan, Additional A.G. Punjab and Dr. Khadim Hussain, DEO/D.I.R. for Appellant. Malik Mateeullah, Advocate Supreme Court for
Respondent.
Civil Appeal No. 36-L of 2020, decided on 10th July, 2020, Date of hearing: 10th July, 2020. (Appeal from the judgment Dated 12.08.2014 passed by the Punjab Service Tribunal, Lahore in Appeal No. 3767 of 2010)
MANZOOR AHMAD MALIK, JUSTICE AMIN-UD-DIN KHAN, JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Rana Shamshad Khan, Additional A.G. Punjab and Dr. Khadim Hussain, DEO/D.I.R. for Appellant. Malik Mateeullah, Advocate Supreme Court for
Respondent.
CHIEF SECRETARY, GOVERNMENT OF PUNJAB, LAHORE
VS
MUHAMMAD ALI SAQIB
Law:
Section:
(a) Civil service--- ----Reinstatement in service---No specific allegation proved through evidence---Orders of the competent authority as well as departmental appeal were on the basis that they agreed with the recommendation of the Inquiry Officer; they had not scrutinized the evidence available on the file themselves, but awarded major penalty of dismissal from service by relying upon the recommendation of the Inquiry Officer and ignored the fact that no specific allegation through evidence was proved against the respondent-civil servant---Prosecution was duty bound to prove the allegations for which the respondent was charge sheeted---Service Tribunal had rightly reinstated the respondent in service---Appeal was dismissed. (b) Civil service--- ----Dismissal from service---Inquiry proceedings---Order for dismissal from service could not be passed only on the ground that the respondent-civil servant had not joined the inquiry proceedings. JUDGMENT AMIN-UD-DIN KHAN, J.--- Through this appeal with the leave of the Court, the judgment dated 24.07.2014 passed by the learned Punjab Service Tribunal, Lahore has been challenged whereby Appeal No. 3736 of 2010 filed by the respondent was accepted and he was reinstated into service. 2. Leave was granted by this Court vide order dated 27.2.2020, same is reproduced:- The learned Assistant Advocate General contends that the show cause notices were sent at the proper address of the respondent i.e. Govt. Girls High School, 152/G.B. Chiniot, District Jhang as such address is appearing in the letter dated 9.4.2009 seeking submission of written defence and also in the letter dated 4.5.2010 by which show-cause notice/personal hearing notice under section 13(4) of PEEDA Act, 2006 was issued to the respondent. Learned AAG contends that the Tribunal in the impugned order has altogether gone on a wrong assumption and perhaps may have read the address as Headmaster (BS-17), Govt. High School 128/JB, District Chiniot as the address mentioned at serial No.1 while the name of the respondent is mentioned at serial No.3 with the proper address. 2. Leave to appeal is granted, inter alia, to consider the submission. The appeal shall be…
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