Case Details

Citation(s)
1981 SLG 2103 1981 SLD 2103 1981 PLC 194
Lahore High Court
Writ Petition No. 10231 of 1980, decided on 23rd November, 1980.
GUL MUHAMMAD KHAN, J

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MUHAMMAD NAWAZ

VS

SECRETARY TO THE GOVERNMENT OF THE PUNJAB AGRICULTURE DEPARTMENT

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules 1974- ---Rr 2(b), (c), 5 & 6 read with Constitution of Pakistan (1973), Arts. 199 & 241-Suspension of civil servant - "Authority" and "Authorised Officer"-Held, two different entities performing two differ­ent functions which cannot be entrusted to or be performed by one person-Order of suspension of civil servant and subsequent extensions not passed by competent authority in accordance with Rules-Held, to be of no legal effect. Muhammad Sadiq Khokhar's case 1981 P L C (C. S.) 123 and Mian Muhammad Hayat's case P L D 1964 S C 321 distinguished. Mujeebullah Aijaz's case P L D 1978 Quetta 58 and Muhammad Tufail's case P L D 1958 S C (Pak.) 201 ref. Iqbal Ahmed Qureshi for Petitioner. Rashid Aziz, A. A: G. for Respondent. Date of hearing: 4th November, 1980. JUMMENT The petitioner who was acting as Administrator, Market Committee, Kamalia and Jaranwala, District Faisalabad, statedly accepted a public demand for establishment of a new fruit and vegetable market at Kamalia, As this is said to have displeased the then Deputy Commissioner, ht suspended the petitioner on 8th July, 1979, though the petitioner is alleged to have relinquished his charge on 20th May, 1979, on his transfer to Rawalpindi. 2. The order of suspension was extended on 26th December, 1979, up to 7th February, 1980. It was further extended as follows: Date or order 11-2-1980. 29-4-1980. 6-7-1980. Period to which extended April 6, 1980. July 7, 1980. September 4, 1980. According to the petitioner he was not intimated any further extension. He reported for duty on 4th September, 1980, at Rawalpindi, to the Director of Agriculture. As he came to know vide order dated 16th September, 1980, that the Government has further extended his suspension up to 4th December, 1980, he has challenged that order through the present petition. 3. It is contended by the learned counsel that according to rule 6 of the Punjab Civil Servants (Efficiency and Discipline) Rules, the extension could have been granted only by the authorised officer with the approval of the authority and in no other way. It is contended that according to rule 5 it is for the…
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