Case Details

Citation(s)
1998 SLG 1162 1998 SLD 1162 1998 PLC 1354
Supreme Court of Pakistan
Civil Appeal No. 725 of 1995, decision dated: 26-05-1998. (On appeal from the judgment dated 13-11-1993 of the Punjab Service Tribunal, Lahore in Appeal No. 489/91)
AJMAL MIAN, C.J., MAMOON KAZI AND CH. MUHAMMAD ARIF, JJ

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KHALID SIDDIQUE

VS

SECRETARY TO GOVERNMENT OF THE PUNJAB, EXCISE and TAXATION DEPARTMENT, LAHORE

Law: Punjab Civil Servants (Efficiency and Discipline) Rules, 1975)

Section: 4

Law: Constitution of Pakistan, 1973

Section: 212(3)

[Punjab Civil Servants (Efficiency and Discipline) Rules, 1975)]........R 4---Constitution of Pakistan (1973), Art. 212(3)---Misconduct--­Assessment of an establishment was reduced by the civil servant who was working as Excise and Taxation Officer without assigning reasons---Order of withholding of one increment for period of one year---Departmental appeal and appeal before Service Tribunal filed by civil servant remained unsuccessful---Leave to appeal was granted to consider whether civil servant was justified in reducing assessment and whether punishment imposed upon him was justified. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ----R. 4---Constitution of Pakistan (1973), Art. 212---Misconduct---Charge of reduction of assessment of establishment by civil servant, who was working as Excise and Taxation Officer, without assigning reasons---Minor penalty imposed upon petitioner---Civil servant's Departmental and service appeals did not bear fruit---Validity---Supreme Court could not examine question, as to whether? assessment made by civil servant whereby he had reduced earlier assessment was warranted or not under the law---Such question could have been examined by forums provided for that purpose--­Only point which could have been agitated before Supreme Court was whether there was any infirmity in disciplinary action taken against civil servant---Civil servant having failed to point out any infirmity in disciplinary action, no interference was warranted therein by Supreme Court. Lyallpur Cotton Mills Ltd. v. The Commissioner, Sargodha Division and another PLD 1976 SC 615 ref. ORDER AJMAL MIAN, C.J.---This is an appeal with the leave of the Court against the judgment dated 13-11-1993 of the learned Punjab Service Tribunal, Lahore (hereinafter referred to as the Tribunal) in Appeal No. 489 of 1991 filed by the appellant against the order of withholding of his one increment for a period of one year, dismissing the same. The brief facts are that the appellant at the relevant time was working as an Excise and Taxation Officer. He reduced the assessment of the premises occupied by Five Star Flour Mills, Haroonabad Road, Bahawalnagar from…
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