Case Details

Citation(s)
2000 SLG 286 2000 SLD 286 2000 SCMR 1376
Supreme Court of Pakistan
Civil Appeal No. 149 of 1995, decision dated: 16-01-1998. (On appeal from the judgment, dated 3-7-1993 passed by the Punjab Service Tribunal in Appeal No.580 of 1991)
AJMAL MIAN, C.J., ABDUR REHMAN KHANAND CH. MUHAMMAD ARIF, JJ
Syed Jamshed Ali, Advocate Supreme Court for Appellant. Sh. Altaf Elahi, Additional Advocate-General, Punjab for
Respondents

MUHAMMAD IQBAL

VS

ASSISTANT COMMISSIONER, JARANWALA and another

Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ----R. 4---Constitution of Pakistan (1973), Art.212(3)---Dismissal from service---Leave to appeal was granted to determine; whether case of civil servant was the one in which an inquiry should have been held before imposing penalty of dismissal from service. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ----S. 4---Dimissal from service---Inefficiency and misconduct ---Proof--­Authorised Officer recorded such findings without making reference to any such instance of alleged incompetence throughout unblemished record of service of the civil servant---Validity---Single instance of any incorrect behaviour of individuals in any discipline whatsoever could hardly furnish a ground for holding those civil servants guilty of extreme in competency. M.A. Rehman v. Federation of Pakistan and others 1988 SCMR 691 ref. (c) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ----R. 4---Constitution of Pakistan (1973), Art.212---Dismissal from service---Inefficiency and misconduct, charge of---Civil servant was Patwari and mutation of State land was entered by him in favour of private person on the basis of transfer order issued by Deputy Settlement Commissioner--­Departmental proceedings were initiated against the civil servant for making that entry and he was dismissed from service---Validity---Conduct of the civil servant in the matter ~ of entering the disputed mutation in the appropriate register with a note in red ink was not at all blameworthy because the same had sanction of law behind it---Entry of disputed mutation having been made by the civil servant in performance of his duties in terms of mandate contained in S.42 of West Pakistan Land Revenue Act, 1967, could not but be held to have been made by the civil servant in' the performance of his official duties, bona fide---Dismissal order of civil servant and of Service Tribunal were set aside---Civil servant was. re-instated in service with back benefits. A.U..Musarrat v. Government of West Pakistan PLD 1977 SC 24; M.A. Rehman v. Federation of Pakistan and others 1998 SCMR 691; Alamgir and another v. Divisional…
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