Case Details

Citation(s)
2006 SLG 2465 2006 SLD 2465 2006 SCMR 447
Supreme Court of Pakistan
Civil Petition No.3032-L of 2002, decision dated: 16-11-2005 (On appeal from the judgment, dated 29-7-2002 passed by the Punjab Service Tribunal, Lahore in Appeal No.1347 of 2000)
FAQIR MUHAMMAD KHOKHAR AND KARAMAT NAZIR BHANDARI, JJ

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ADAM KHAN

VS

INSPECTOR-GENERAL OF POLICE, PUNJAB, Lahore High Court-

Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975-------R. 4---Punjab Service Tribunals Act (IX of 1974), S.4---Constitution of Pakistan (1973), Art.212(3)---Dismissal from service---Reinstatement---Back-benefits, entitlement to---Petitioner, who was dismissed from service, was reinstated in service, but without back­ benefits---Petitioner had failed to furnish any satisfactory evidence to prove that during interregnum he did not work anywhere for gain and remained jobless---Service Tribunal, in circumstances, was quite justified in refusing back-benefits to petitioner in peculiar facts and circumstances of the case---Case being not fit for grant of leave to appeal, as impugned did not suffer from any legal infirmity so as to warrant interference by Supreme Court, petition was dismissed and leave to appeal was refused accordingly. Mrs. Munawar Sauni v. Director, Army Education 1991 SCMR 135 and Secretary to Government of N.-W.F.P., Zakat, Social Welfare Department Peshawar and another v. Sadullah Khan 1996 SCMR 413 ref. Pervaiz Inayat Malik, Advocate Supreme. Court and Tanvir Ahmad, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 16th November, 2005. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.--- The petitioner seeks leave to appeal from judgment, dated 29-7-2002, passed by the Punjab Service Tribunal, in Appeal No.1347 of 2000. 2. The petitioner, a Foot-Constable was dismissed from service by the Superintendent of Police, Multan, by order, dated 30-11-1985. His appeal there against was also dismissed by the Deputy Inspector-General of Police, Multan Range, Multan. His revision petition was accepted by the Inspector-General of Police, by order, dated 26-4-2000 whereby, the petitioner was reinstated in service but without back-benefits. The intervening period was treated as leave of the kind due. Therefore, the petitioner moved the Tribunal for back-benefits, by filing Appeal No.1347 of 2000, which was dismissed by the impugned judgment, dated 29-7-2002.…
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