| Citation(s) |
|---|
| 1979 SLG 698 1979 SLD 698 1979 PLD 981 |
Supreme Court of Pakistan
MUHAMMAD AKRAM, DORAB PATEL AND G. SAFDAR SHAH, JJ
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MUHAMMAD AKRAM, DORAB PATEL AND G. SAFDAR SHAH, JJ
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MANAGER, GOVERNMENT PRINTING & STATIONERY PRESS, PESHAWAR AND 2 others
VS
SADIQ ALI
Law:
Section:
Province of West Pakistan (Dissolution) Order, 1970 (President's Order No. 1 of 1970)--- Arts. 4 & 17 read with Rules framed by Chief Commissioner, N.-W. F. P. dated 21-8-1925 and West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960-Compulsory retirement-Competent authority- Superintendent, Government Printing Press at Lahore as appointed on coming into existence of defunct Province of West Pakistan, or his successor-Held, would continue, in absence of any rule or notification made by N: W. F. P. Government resurrecting Rules made by Chief Commissioner in 1925, to be competent authority in respect of any disciplinary action against Foreman, Government Printing Press, Peshawar, and not Controller, Government Printing Stationery Department, N: W. F. P.-[Civil services]. Mian M. Ajmal, Advocate for Advocate-General (N: W. F. P.) and M. Qasim Imam, Advocate-on-Record (absent) for Appellants. Sardar Akhtar Ali, Advocate and Noor Akmad Khan, Advocate-on-Record for Respondent. Date of hearing : 3rd June 1979. JUDGMENT G. SAFDAR SHAH, J.-This appeal by leave of the Court is directed against the order, dated 28-5-1976, passed by the N: W. F. P. Service Tribunal, Peshawar, by which the appeal of the present appellants, against the appellate order passed by the District Judge, Peshawar, dated 16-2-1974, was dismissed. The background of the case is that respondent Sadiq Ali was employed as a Foreman in the Government Printing Press, Peshawar. On 20-6-1970, the Comptroller Government House, Peshawar, placed an order on the said Government Press for the printing of some stationery, but on that date the Manager of the Press was absent. Respondent Sadiq Ali, who was evidently the next senior man after the Manager, expressed his inability to print the required stationery on the ground that necessary arrangement in that behalf did not exist in the said Government Press. However, since the said stationery was required by the Comptroller Government House in connection with an oath taking ceremony to be held on 1-7-1970, respondent Sadiq Ali placed the order in that behalf with a private Printing Press, named, Public Art Press, Peshawar, allegedly on…
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