| Citation(s) |
|---|
| 1966 SLG 5374 = 1966 SLD 5374 = 1966 PLD 1006 |
Lahore High Court
Writ Petition No. 497 of 1964, decided on 5th April 1966.
Presented By: Muhammad Gul and Muhammad Afzal Cheema,JJ
Manzur Hussain Bokhari, Agha Abdul Ali and Mian Sher Alam for Petitioner. Nemo for
Respondents Nos. 1, 3 and 4. Qazi Muhammad Ashraf for
Respondent No. 2.
Writ Petition No. 497 of 1964, decided on 5th April 1966.
Presented By: Muhammad Gul and Muhammad Afzal Cheema,JJ
Manzur Hussain Bokhari, Agha Abdul Ali and Mian Sher Alam for Petitioner. Nemo for
Respondents Nos. 1, 3 and 4. Qazi Muhammad Ashraf for
Respondent No. 2.
M. S. KHAWAJA---Petitioner
VERSUS
CHAIRMAN MUNICIPAL CORPORATION, LAHORE AND OTHERS----Respondents
Law: West Pakistan Government Servants (Further Usefulness in Public Service) Rules, 1963
Section: 13,17,6,37,39
Law: Basic Democracies Order (18 of 1959)
Section: 45(4)
Law: Municipal Administration Ordinance, (X of 1960)
Section: 29
West Pakistan Municipal Servants (Efficiency and Discip line) Rules, 1963, rr. 13 to 17-"Suspension" not considered to be penalty-Rules deal with departmental enquiries for inefficiency, misconduct or corruption and have no relevancy to suspension ordered in consequence of registration of case on criminal charges. West Pakistan Municipal Servants (Efficiency and Discipline) Rules, 1963, rr. 6, 37 & 39-Scope. From a plain reading of rule 37, it becomes abundantly clear that it is after a municipal servant has been convicted and awarded a sentence of fine on a criminal charge involving moral turpitude that the authority has to provisionally determine a penalty imposed on him. Rule 39 clearly refers to the penalty of dismissal which should follow as an inevitable consequence of a municipal servant's conviction and sentence of imprisonment awarded by a Court on a criminal charge involving moral turpitude. It is pertinent to point out that the imposition of fine is not in the category of penalties mentioned in parts (a) to (g) .in the relevant rule 6. The sentence of fine referred to in rule 37 clearly means a fine imposed by a Court of law, although unlike rule 39, the word "Court" has not been specifically mentioned. An analogy may also be drawn out with some advantage as support is lent to this view by a perusal of Departmental Instructions contained in letter No. S. O. XII (S. & GAD)5-7/62, dated 24th August 1962, addressed by the Chief Secretary, Government of West Pakistan to Secretaries and Heads of Departments. Basic Democracies Order (18 of 1959), Art. 45(4) Controlling Authority and Local Council have power to suspend, remove, dismiss, etc. certain officers-Municipal Administration Ordinance (X of 1960), S. 29. West Pakistan Municipal Committees Business Rules,1960, r. 2(f ) (i), (ii)-Powers of Chairman-Chairman can suspend employees of Municipal Committee-Chief Secretary to Government of West Pakistan, in his capacity as Chairman of Anti-Corruption Council, has no power to suspend employees of Municipal Committee. The Chairman of a Municipal Corporation is competent to order…