| Citation(s) |
|---|
| 1984 SLG 1299 1984 SLD 1299 1984 PLC 635 |
Service Tribunal, Punjab
Case No. 767/967 of 1980, decided on 24th July, 1982.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS
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Case No. 767/967 of 1980, decided on 24th July, 1982.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS
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Malik INAYATULLAH
VS
THE DIRECTOR (ADMINISTRATION), LAHORE DEVELOPMENT AUTHORITY, LAHORE
Law:
Section:
(a) Punjab Service Tribunals Act (IX of 1974)- -- S. 4-Punjab Civil Servants Act (VIII of 1974), S. 4-Lahore Development Authority Act (XXX of 1975), S. 8-Lahore Development Authority a corporate body-Status of employees-Held, employees and officers of Lahore Development Authority are public servants but all such public servants are not civil servants within terms of Punjab Service Tribunal Act, 1974 and no appeal is competent before Service Tribunal. Mumtaz Liaquat v. Pakistan through Chairman Islamic Research Institute 198? P L C (C. S.) 255 and Muhammad Yousuf v. Pakistan Ordnance Factory, Wah 1977 P L C (C. S. T.) 96 ref. (b) Lahore Development Authority Act (XXX of 1975)- -- S. 4, read with Punjab Civil Servants Act (VIII of 1974), S. 2Employee of Authority-Held, a public servant and not a civil servant as envisaged in S. 2 of Punjab Civil Servants Act, 1974. Mahar Noor Ahmad for Appellant. Haroonur Rashid Cheema, District Attorney for Respondent. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Malik Inayatullah has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded the Director (Administration), Lahore Development Authority, Lahore, as respondent. By virtue of this appeal he has prayed that his dismissal order passed by Deputy Director Administration LDA, dated 30th September, 1980 dismissing him from LDA's service with immediate effect be set aside and he may be reinstated in service. 2. Brief facts of the case are that the appellant was holding a post of Inspector in the Town Planning Branch of the LDA, Lahore. He was dismissed from service by an order No. 12790, dated 10th November, 1980 purporting to be passed by respondent on 30th September, 1980. This order was communicated to the appellant on 18th November, 1980. This dismissal was a result of a raid conducted on 14th November, 1979 at about 1.30 p. m. and tainted money of Rs. 2,000 was recovered from one Muhammad Rafiq. The allegation against the appellant was that this tainted money was handed to the said Muhammad Rafique by one Ulfat Afzal at the direction of the appellant, It was further alleged that the appellant had demanded Rs. 2,000' for…
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