| Citation(s) |
|---|
| 1980 SLG 572 1980 SLD 572 1980 PLD 1 |
Lahore High Court
Civil Revision No. 37a/D of 1976, decided on 24th March 1979. DATE of bearing : 3rd December, 1978
AFTAB HUSSAIN, J
Khalilur Rehman Khan for Petitioner. Tariq Masood for
Respondent
Civil Revision No. 37a/D of 1976, decided on 24th March 1979. DATE of bearing : 3rd December, 1978
AFTAB HUSSAIN, J
Khalilur Rehman Khan for Petitioner. Tariq Masood for
Respondent
ABDUL HAMIDer
VS
SECRETARY, REHABILITATION AND REVENUE TO THE GOVERNMENT OF PUNJAB, LAHORE--Respondent
Law:
Section:
(a) Laws (Continuance in Force) Order, 1958 -- Art. 6(3)-Screening of public servants-Retirement-Held,. a (lesser punishment and cannot be equated with removal or dismissal from service.-[Civil service]. (b) Laws (Continuance in Force) Order, 1958 -- Art. 6 read with Public Conduct (Scrutiny) Ordinance (III of 1959) and Public Conduct (Scrutiny) Rules, 1959-Ground of "inefficiency" deleted from Rules and not from Art. 6 of Order-Retirement of public servant under Art. 6 of Order on ground of inefficiency-Held, not open to challenge.-[Civil service]. Government of East Pakistan v. Murzuqullah and 4 others P L D 1969 S C 1 and Ch. Ali Muhammad v. Government of Pakistan 1974 S C M R 112 rel. (c) Laws (Continuance in Force) Order, 1958 -- Art. 6(5)(b) read with Public Conduct (Scrutiny) Rules, 1959"Corruption" and "reputation of being corrupt"-Held, not two different concepts.-[Words and phrases]. (d) Specific Relief Act (I of 1877) -- S. 42-Declaratory suit-Discretionary relief-Such relief cannot be granted to a person seeking restoration to public .post.-[Civil service]. (e) Limitation Act (IX of 1908)- Art. 120-Laches-Suit by public servant seeking restoration to his office-Civil Court held to have jurisdiction and Art. -120 applicable to suit-Such suit cannot be dismissed simply on ground of laches.[Civil service]. Chairman,. District Screening Committee v. Sharif Ahmad Hashmi P L v 1976 S C 258 distinguished. (f ) Laws (Continuance in Force) Order, 1958 -- Art. 5 read with Public Conduct (Scrutiny) Rules, -1959-Screening Committee curtailing period of appeal against dismissal from service from 15 days to one week-Aggrieved public servant filing appeal within such period-Such order of Screening Committee cannot be vitiated in absence of prejudice. [Civil service]. Abdul Majld v. Province of West Pakistan P L D 1964 Lab. 531 rel. Sardar Mohammad Zaman Khan v. M. B. Nishat P L D 1962 S C 22 and Writ Petition No. 147 of 1963 distinguished. JUDGMENT This revision petition is against an order and decree dated 26-11-1975 of Ch. Mohammad Younus, Additional District Judge, Lahore by which he upheld the judgment and decree dated 10-3-1973 dismissing the suit of the…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492