Case Details

Citation(s)
1988 SLG 877 1988 SLD 877 1988 PLC 115
Service Tribunal, Punjab
Appeals Nos. 568, 962, 569 and 963 of 1986, decided on 2ndDecember 1987.
IHSANUL HAQ CHAUDHRY, CHAIRMAN AND MUHAMMAD YOUSAF AND CH. MUHAMMAD RASHID, MEMBERS

SALAHUDDIN BUTT and anothervsDIRECTOR-GENERAL, EXCISE AND TAXATION, PUNJAB

Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-- ---Ss. 4 & 5--Punjab Civil Servants Act (VIII of 1974), S. 15--Civil Procedure Code (V of 1908), S. 107 & 0. XLI, R. 33--Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, Rr. 4 & 15--Appeal-­Continuation of original proceedings--After admission of appeal, Tribunal was vested with all powers enjoyed by departmental authorities under Punjab Civil Servants (Efficiency and Discipline) Rules 1975-­Proceedings before Service Tribunal, held, were akin and par materia with proceedings before civil Court--After admission of appeal all powers vesting in departmental authorities were available to Tribunal while adjudicating appeals; and Tribunal can pass any order or penalty which should have been imposed by authorities below. (b) Punjab Service Tribunals Act (IX of 1974)-- ---Ss. 4 & 5--Punjab Civil Servants (Efficiency and Discipline) Rules 1975, R. 4--Punishment--Power to enhance, vested in Tribunal-­Appellate Authority, held, was fully empowered to enhance penalty and such power to enhance penalty and procedure therefore was available to Service Tribunal. Sh. Abdul Aziz and others v. M.B.R. and another 1984 SCMR 65 and H.M. Ashraf Ullah v. Secretary, Ministry of Communication and another 1984 S C M R 684 rel. (c) Interpretation of statutes--- --Construction--Each word used in statute, held, was to be given effect as redundency could not be attributed to 1gslature--Legislature was not supposed to be extravagent in use of words. (d) Punjab Civil Servants Act (VIII of 1974)- ---S. 5--Words and phrases--Word 'vary' used in S. 5 of Punjab Act VIII of 1974--Scope--Word 'vary' used in S. 5 of Punjab Service Tribunals Act 1974, held, was comprehensive and covered all sorts of alterations and modifications--Term 'vary', held further, was of very wide scope and in its fold came increase or decrease both and it covered greater field than words 'modify' or 'alter'--Such term empowered Tribunal to increase or decrease penalty imposed by departmental authorities. Western India Theatres Ltd. v. Municipal Corporation of City of Poona A I R 1959 S C 586 eel. (e) Punjab Service Tribunals Act (IX of 1974)-- --Ss. 4 & 5--Civil…
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