| Citation(s) |
|---|
| 1984 SLG 359 1984 SLD 359 1984 SCMR 65 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 1144 of 1976, decided on. 23rd November, 1980 (On appeal from the order of the Punjab Service Tribunal dated 15-10-1976 in Appeal No. 287/12/1974)
MUSHTAQ HUSSAIN AND SHAFIUR RAHMAN, JJ
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Civil Petition for Special Leave to Appeal No. 1144 of 1976, decided on. 23rd November, 1980 (On appeal from the order of the Punjab Service Tribunal dated 15-10-1976 in Appeal No. 287/12/1974)
MUSHTAQ HUSSAIN AND SHAFIUR RAHMAN, JJ
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Sheikh ABDUL AZIZers
VS
. COLLECTOR, MUZAFFARGARH AND 2 others--Respondents
Law:
Section:
(a) Service Tribunals Act (IX of 1974)---S.4-Petitioner in memorandum of appeal in fact taking a number ~, of grounds-Tribunal dealing with only one plea-Inference that none of other grounds were pressed before Tribunal. (b) Service Tribunals Act (IX of 1974)- ---S. 4-Service Tribunal can substitute order of reduction in rank with orders passed by departmental appellate authority. Raja Muhammad Sabir, Advocate for Petitioner. Date of hearing: 23rd November, 1982. ORDER SHAFIUR RAHMAN, J.-The petitioner, a Qanungo, seeks leave to appeal under Article 212(3) of the Constitution against the Judgment of the Service Tribunal dated 15-11-1976. 2. The petitioner was proceeded against departmentally under the Ex efficiency and Discipline Rules. He was dismissed from service or 19-8-1969. He filed an appeal before the Commissioner and the dismissed order was substituted by an order of his reversion from the post of Qanungo to that of a Patwari for a period of two years. The petitioner then filed a Constitutional Petition which abated and the matter was take to the Service Tribunal. The Tribunal by its order dated 15-11-1971 partially accepted the appeal and converted the reduction in rank from Qanungo to the post of Patwari, into reduction to the lowest of the scale of Qanungo. The plea taken by the petitioner that as he never held the rank of Patwari, he could not be reverted to that post was given effect to. 3. The learned counsel for the petitioner has contended that he had challenged before the…
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