| Citation(s) |
|---|
| 1985 SLG 2112 1985 SLD 2112 1985 PLC 758 |
Service Tribunal, Punjab
Case No. 309/728 of 1984, decided on 21st November, 1984.
S. ABDUL, JABBAR KHAN, CHAIRMAN AND ABDUL HAMID CHAUDHRY, MEMBER
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Case No. 309/728 of 1984, decided on 21st November, 1984.
S. ABDUL, JABBAR KHAN, CHAIRMAN AND ABDUL HAMID CHAUDHRY, MEMBER
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MUHAMMAD BASHIR SHEIKH
VS
SECRETARY TO GOVERNMENT OF PUNJAB, COMMUNICATIONS AND WORKS DEPARTMENT
Law:
Section:
Punjab Service Tribunals Act (IX of 1974)- ----S. 4-Judgment of Tribunal-Benefit of-Whether cannot be denied to a civil servant on grounds that he was not a party in litigation before Service Tribunal -"A", "B", and "C" convicted by Summary Military Court on charge of fraud and corruption and consequently dismissed from service by a single notification-. "A" and "B" challenging penalty notification and Service Tribunal setting aside impugned notification on technical grounds-"A", and "B" consequentially reinstated-"C" being co-accused also making appeal to Department for being reinstated but his appeal not. accepted by Department on grounds that he was not a party before Service Tribunal-"C" in appeal before Tribunal taking plea that he could not be denied benefit of of Tribunal-Facts of case of ' C ' being identical and same as that of "A", "B", and "C", in circumstances, held, should also be given benefit of Judgment of Tribunal in appeal of "A" and "B". Chairman, Pakistan Railways, Lahore v. Muhammad Latif 1984 and others S C M R 286 rel. Masud Ahmad Riaz for Appellant. Masood Ahmad Ghuman, Deputy District Attorney for Respondent. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER).- Muhammad Bashir Sheikh, ExSub-Engineer, Highways, Government of the Punjab, Lahore has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Secretary to Government of the Punjab, Communications and Works Department as, respondent. 2. By virtue of this appeal the appellant has prayed that Notification dated 15th February, 1982 be set aside and the appellant be reinstated in service with all back benefits. 3. Brief facts of the case are that consequent upon the judgment announced by the Summary Military Court No. 70 in the case of fraudulent payment etc. detected in Road Construction Division, Shahdara, Messrs Saleem Ahmad Khan, S.D.O., Abdul Hafeez Sub-Engineer, and the appellant were dismissed from service with effect from 1st December, 1981 and Shamim Ahmad Khan, S.D.O., working in Lahore Development Authority, Lahore, was removed from service with immediate effect by Notification, dated 15th February, 1982, issued by S. Sibtul Hassan…
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