Law:

Section:

Punjab Civil Servants Act (VIII of 1974)--- ----S. 2(i)(b)---Punjab Service Tribunals Act (IX of 1974), S.4---Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, R.4---Constitution of Pakistan (1973), Art. 199---Constitutional petition ---Foodgrain Inspectors of Food Department, Government of Punjab, could not be termed to be "workers" or "workmen" simply on ground that they did their work with their hands--'-Every person holding any office, doing any business or performing any duty to earn his livelihood or otherwise has to perform his duties with his hands---Food Department was a Government Department and Foodgrains Inspectors in that Department were holding Civil Posts performing their duties in the affairs of Province concerned---Food Department was not an Industry, but was subject to such rules, laws and instructions which Provincial Government could issue from time to time---In case of misconduct Foodgrains Inspectors were amenable to Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. JUDGMENT Mukhtar Ahmad Shah and Rana Muhammad Hanif respondents Nos.4 and 5 were the Foods Grains Inspectors who were proceeded against under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 for committing misconduct etc. On the conclusion of the departmental proceedings both respondents Nos.4 and 5 were dismissed from service who were also made to pay the monetary loss sustained by the Provincial Government due to their proved misconduct. Mukhtar Ahmad Shah respondent No.4 did not file any departmental appeal nor challenged his dismissal from service as well as penalty of recovery of monetary loss before any forum, Court or Tribunal. He made partial payment of the amount imposed upon him. Rana Muhammad Hanif respondent No.5 filed departmental appeal before the Director Food Punjab, Lahore (respondent No.3) which was dismissed. Thereafter he filed Appeal No.509 of 1992 before the Punjab service Tribunal, Lahore calling in question the aforesaid original as well as Appellate Order which was pending. However, Mukhtar Ahmad Shah filed petition under section 22-A(8)(g) of the Industrial Relations Ordinance, 1969 before Agha Saleem…

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