| Citation(s) |
|---|
| 1987 SLG 495 1987 SLD 495 1987 SCMR 1354 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No.456 of 1985, decided on 27th April, 1987. (On appeal from the order dated 1431985 of the Punjab Service Tribunal, Lahore in Appeal No.698/965 of 1984).
NASIM HASAN SHAH AND SAAD SAOOD, JAN, JJ
Ch. Hamid-ud-Din, Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition for Special Leave to Appeal No.456 of 1985, decided on 27th April, 1987. (On appeal from the order dated 1431985 of the Punjab Service Tribunal, Lahore in Appeal No.698/965 of 1984).
NASIM HASAN SHAH AND SAAD SAOOD, JAN, JJ
Ch. Hamid-ud-Din, Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record for Petitioner. Nemo for
Respondents
COUNCIL, TOBA TEK SINGH
VS
GOVERNMENT OF THE PUNJAB through Secretary, Local Government and Rural Development Department, Lahore and others
Law:
Section:
(a) Constitution of Pakistan (1973)-------Art. 212(3)--Leave to appeal, grant of--Argument not convassed before Service Tribunal--Such argument was not entertained for first time in Supreme Court as question involved could only be resolved after an inquiry--Leave to appeal refused. (b) Constitution of Pakistan (1973)-- ---Art. 212(3)--Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, R. 13--Misconduct--Imposition of penalty by way of recovery of loss involved--Petitioner having been punished after a regular inquiry wherein he was given ample opportunity to defend himself and no substantial question of law of public importance arising, Supreme Court declined to go into merits of case and refused leave to appeal. ORDER SAAD SAOOD JAN, J.--The petitioner was a member of the Punjab Local Council Service and was posted as municipal engineer in the Municipal Corporation, Multan, between the period from 8-12-1979 to 24-9-1980. During this period the Corporation constructed a waiting hall near the General Bus Stand at an estimated costs of Rs.3,40,000. The petitioner was incharge of buildings and roads. Following some heavy rains in Multan a portion of the roof collapsed. The roof was repaired but a few days later it again caved in. An inquiry was held into the repeated collapses of the roof and as a result disciplinary proceedings were initiated against the petitioner, the Assistant Engineer and Sub-Engineer. Consequent upon the disciplinary proceedings the penalties of reduction in pay and…
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