Law:

Section:

(a) Balochistan Service Tribunal Act (V of 1974)------S.4---Constitution of Pakistan (1973), Art.212(3)---Leave to appeal was granted to examine whether against a departmental punishment under the Efficiency and Discipline Rules other than that of dismissal, removal from service or compulsory retirement, appeal under S. 4, Balochistan Service Tribunal Act was competent before Service Tribunal. (b) Constitution of Pakistan (1973)--- ----Arts. 212 & 199---Relief against imposition of minor punishments ---Forum--­Contention of Government that while against major punishments appeals would lie to Service Tribunal, relief against imposition of minor punishments would still be available in the Constitutional jurisdiction, held, was not the expressed object of Art-212 of the Constitution.--[Civil service]. Mujeeb Ullah Aijaz v. D.G. Telephone and Telegraph Department, Islamabad and 2 others P L D 1980 Quetta 58 and Abdul Kabir v. D.I-G. Police Peshawar Range and another 1983 P L C (C.S.) 90 ref. (c) Civil service -- ---Misconduct---Adjudication against charge of misconduct---Mode of determination. Any adjudication, even a departmental one under the Efficiency & Discipline Rules in the first stage requires a determination of guilt or innocence of the individual. In the second stage, there is the determination of an appropriate relief to be granted or consequential order to be passed following the determination of guilt or innocence. Where a person is adjudged guilty in the second stage the determination has to take place of the nature of the punishment and the extent of the punishment. In matters concerning civil liability the determination has to be made of the responsibility or liability in the first stage for the act or omission alleged, and in the second the nature and the extent of the relief to be afforded. The language of the provision of the Constitution viz. Article 212 makes it clear that `no appeal shall lie to a Tribunal against an order or decision of the departmental authority determining quantum of punishment or penalty imposed on a civil servant..:. The word `quantum' has a very definite meaning and is defined thus:- "Quantity or amount. So much,…

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