| Citation(s) |
|---|
| 1981 SLG 168 1981 SLD 168 1981 SCMR 122 |
Supreme Court of Pakistan
Civil Appeal No. 156 of 1977, decision dated: 24-02-1980.(On appeal from the judgment and order of the Punjab Administrative Tribunal, Lahore, dated 23-10-1974 in Appeal No. 75 of 1974)
ANWARUL HAQ, C.J., MUHAMMAD HALEEM AND KARAM ELAHEE CHAUHAN, JJ
S. M. Chaudhary, Advocate and Ch. Akhtar Ali, Advocate-on-Record for Appellant.
Civil Appeal No. 156 of 1977, decision dated: 24-02-1980.(On appeal from the judgment and order of the Punjab Administrative Tribunal, Lahore, dated 23-10-1974 in Appeal No. 75 of 1974)
ANWARUL HAQ, C.J., MUHAMMAD HALEEM AND KARAM ELAHEE CHAUHAN, JJ
S. M. Chaudhary, Advocate and Ch. Akhtar Ali, Advocate-on-Record for Appellant.
MUHAMMAD YASIN
VS
PUNJAB ADMINISTRATIVE TRIBUNAL, LAHORE
Law:
Section:
West Pakistan Kanungo Service (Northern Zone) Rules, 1964---R. 11 read with Board of Revenue (Delegation of Powers) Rules, 1958. Sched., Item 15, Punjab Kanungo Service' Rules, 1945, r. 14 & Appendices, B & C, Land- Records Manual, para. 2.13, West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960 and Circular Letter No. 98/B.16/303 dated 30th September 1967Government servant-Kanungo candidate--Punishing authority-Item 15 of Schedule to Board of Revenue (Delegation of Powers) Rules, 1958 prescribing Collector to be appointing authority and authority competent to suspend, reduce in rank, retire compulsorily, remove or dismiss from service applies not only to Kanungos but also to Kanungo candidates-Rule 14 and Appendices B & C of Punjab Kanungo Service Rules, 1945 and para. 213 of Land Records Manual therefore impliedly stand suspended by West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960 and Schedule to Board of Revenue (Delegation of Powers) Rules, 1958-Circular Letter No. 98/B.16/303 having been issued pursuant to r., 14, Appendices B & C and para. 2.13 of Land Records Manual accordingly' devoid of its own force-Reliance on such redundant provisions for advancing argument that being a Kanungo candidate on list of Director of Land Records appellant's punishing authority was such Director and not Collector, held, misplaced and even otherwise Collector being appointing authority could not be denied authority to punish.-[Civil service]. JUDGMENT MUHAMMAD HALEEM, J.--This appeal, by Special Leave, arises out of the judgment of the Punjab Administrative Tribunal, Lahore, dated 23rd of October 1947, by which Appeal NP. 75 of 1974 was dismissed in limine. The facts which have given rise to this appeal are, these: The appellant, after undergoing the requisite training and field work, was appointed as a Basic Kanudgo on 8th of March 1960, by the Collector, Muzaffargarh, and his name was included on Ist of November 1962, in the list of Kanungos with the Director, Land Records, Lahore. The appellant, from this date uptil 31st of May 1965, worked for the settlement of Tehsil Lodhran, District Multan; and on…
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