Case Details

Citation(s)
2020 SLG 1714 2020 SLD 1714 2020 PLC 541
Islamabad High Court
W.P. No. 2823 of 2018, decision Dated: 10-05-2019
MIANGUL HASSAN AURANGZEB, JUSTICE
Muhammad Asif Gujjar for Petitioner. Hassan Rashid Qamar for
Respondent No. 1.

ZAFAR IQBAL, EX-EQUIVALENCE AND ATTESTATION CLERK

VS

Law:

Section:

(a) Civil service--- ----Appointment on contract basis---Allegation of misconduct---Termination from service---De novo inquiry---Effect---Departmental appeal of employee against order for termination of service had been allowed by the appellate authority while passing order for de novo inquiry---No order for removing or dismissing the employee after de novo inquiry was on record---When order for a de novo inquiry had been passed then earlier order whereby petitioner's services were terminated stood washed out---Mere recommendation of an inquiry committee could not be equated with an order passed by a competent authority against the employee---Department was directed to dispose of petition of employee for restoration of his services and payment of his unpaid salaries/benefits pending before it in accordance with law and facts through speaking order after affording an opportunity of hearing to both the parties---Constitutional petition was disposed of accordingly. 2015 PLC (C.S.) 1320 and 2017 SCMR 2010 ref. (b) Civil service--- ----Acquittal of civil servant in a criminal case, would not constitute a bar for the initiation of disciplinary proceedings---Criminal proceedings and departmental proceedings against the civil servant were entirely different. Amir Abdullah v. Superintendent of Police 1989 SCMR 333; Deputy Inspector General of Police v. Anisur Rehman PLD 1985 SC 134; Muhammad Ayub v. Chairman Electricity Board WAPDA, Peshawar PLD 1987 SC 195; Talib Hussain v. Anar Gul Khan 1993 SCMR 2177; Rashid Mehmood v. Additional Inspector-General of Police 2002 SCMR 57; Khalid Dad v. Inspector General of Police 2004 SCMR 192; Syed Muhammad Iqbal Jafri v. Registrar Lahore High Court, Lahore 2004 SCMR 540; Muhammad Shafique v. Deputy Director Food 2005 SCMR 1067; Syed Aqleem Abbasi Jaffari v. Province of Punjab through Secretary, Irrigation Department 2005 SCMR 1901; Falak Sher v. Inspector-General of Police, Lahore 2005 SCMR 1020; Sami Ullah v. Inspector-General of Police 2006 SCMR 554 and Asif Mehmood Butt v. Regional CEO, NBP 2011 PLC (C.S.) 1462 rel. THIS ORDER PASSED BY: MIANGUL HASSAN AURANGZEB, JUSTICE:---.--- Through the instant writ petition, the petitioner,…
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