Case Details

Citation(s)
1986 SLG 2044 1986 SLD 2044 1986 PLC 310
Service Tribunal, Punjab
Case No. 40138 of 1983, decided on 14th June, 1983.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS

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MUHAMMAD SAEED

VS

MEMBER (REVENUE) BOARD OF REVENUE, PUNJAB, LAHORE and others

Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ---R. 9--Dismissal from service on conviction by Court of competent jurisdiction--Interim stay granted on' appeal but order of dismissal restored by successor appellate authority--Held: A person once convicted shall have to be dismissed from service unless main is suspended by appellate Court. (b) Civil service- --- Review--Question whether Government was competent to grant permission to review order of predecessor authority when matter related to a civil servant under Efficiency and Discipline Rules, decided by Tribunal in affirmative, holding that same could be done by Government in matters of administrative control on its revisional side of jurisdiction. Syed Jamshed Ali for Appellant. A.G. Humayun District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). --Muhammad Saeed, Stenotypist to Assistant Commissioner Norwal, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Member (Rev.), Board of Revenue, Punjab, Lahore and the Commissioner, Gujranwala Division, Gujranwala, as respondents. 2. By virtue of this appeal he has prayed that the order dated 16-10-1982, addressed by respondent No. 1 to respondent No. 2 and order dated .30-1-1983, passed by the respondent No. 2, whereby respondent No. 2, was pleased to review and set aside his predecessor's orders dated 15-12-1979 and 22-12-1977,-be set aside. 3. Brief facts of the case are that the appellant who was working as Stenotypist was convicted for an offence under section 409, P.P,C. read with section 5 of Act No. 2 of 1947, by the learned Special Judge Anti-Corruption and sentenced to imprisonment till the rising of the Court and a fine of Rs. 500 vide his judgment dated 31-8-1977. The appellant filed an appeal before the High Court in Appeal No. 939 of 1977, which has been admitted to regular hearing. On the basis of the said judgment of the learned Special Judge, the learned Deputy Commissioner Sialkot was pleased to dismiss the appellant vide order dated 19-10-1977. The appellant filed appeal against the said order before the learned Commissioner, Lahore…
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