| Citation(s) |
|---|
| 1995 SLG 655 1995 SLD 655 1995 SCMR 698 |
Supreme Court of Pakistan
Civil Appeal No. 270 of 1993, decision dated: 8-02-1994, hearing DATE : 16-01-1994.On appeal from the judgment/order of Lahore High Court, Lahore, dated 19 10 1992 in Writ Petition No. 5565 of 1990
SHAFIUR RAHMAN, SAAD SAOOD, JAN AND SAJJAD ALI SHAH, JJ
K.MA. Samdani, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate on-Record (absent) for Appellants.Abid Hussain Minto, Advocate Supreme Court and S. Abul Aasam Jafferi, Advocate on-Record (absent).
Civil Appeal No. 270 of 1993, decision dated: 8-02-1994, hearing DATE : 16-01-1994.On appeal from the judgment/order of Lahore High Court, Lahore, dated 19 10 1992 in Writ Petition No. 5565 of 1990
SHAFIUR RAHMAN, SAAD SAOOD, JAN AND SAJJAD ALI SHAH, JJ
K.MA. Samdani, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate on-Record (absent) for Appellants.Abid Hussain Minto, Advocate Supreme Court and S. Abul Aasam Jafferi, Advocate on-Record (absent).
CHAIRMAN, PAKISTAN COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH, ISLAMABAD and 3 others
VS
Dr. Mrs. KHALIDA RAZI
Law:
Section:
(a) Government Servants (Efficiency and Discipline) Rules, 1973 Rr. 5 & 6 Constitution of Pakistan (1973), Art. 185 (3) Employees of Pakistan Council of Scientific and Industrial Research Application of Government Servants (Efficiency and Discipline) Rules, 1973 to such employees Leave to appeal was granted to consider inter alia the contention that in so far as employees of Pakistan Council of Scientific and Industrial Research were concerned Government Servants (Efficiency and Discipline) Research were concerned Government Servants (Efficiency and Discipline) Rules, 1973 could not be regarded as statutory in nature and thus view taken by High Court to the contrary was erroneous; in any case employee was not serious in defending the charges against her; and in exercise of Constitutional jurisdiction, High Court ought not to have set aside order of compulsory retirement in view of employee's prolonged and deliberate absence from her post. (b) Pakistan Council of Scientific and Industrial Research Act (XXX of 1973) Ss.18 & 19 Government Servants (Efficiency and Discipline) Rules, 1973, Rr. 4, 5 & 6 Disciplinary proceedings against employee of Pakistan Council of Scientific and Industrial Research No Rules or Regulations had been made by Government to regulate disciplinary proceedings Even if Pakistan Council of Scientific and Industrial Research had adopted Government Servants (Efficiency and Discipline) Rules, 1973, in respect of its employees, such Rules did not bear the character of statutory Rules and had to be treated as mere instructions for guidance of its officers Regarding such Rules as of statutory nature in so far as employee was concerned and to make the said Rules as basis for restoring employee to her post on account of their alleged violation was not warranted. Principal, Cadet College, Kohat v. Muhammad Shoab Qureshi PLD 1984 SC 170 rel. (c) Pakistan Council of Scientific and Industrial Research Act (XXX of 1973) S. 12 Employee of Council of Scientific, and Industrial Research ¬Compulsory retirement from service Validity Sufficient material was on record to indicate that employee had ample opportunity to defend charges of which she…
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