Law: Punjab Civil Servants (Efficiency and Discipline) Rules, 1973

Section: 4(1)(b)(v)

Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---   ----R. 4(1)(b)(v)---Punjab Service Tribunals Act (IX of 1974), S.4---Constitution of Pakistan (1973), Art.199---Constitutional petition---Dismissal from service---Appeal to Service Tribunal was disposed of with direction that appeal be filed before Controlling Authority, which was so filed which remained pending for about four years---Petitioner filed application for early hearing of said appeal and petitioner after about six months was informed by a non-speaking order that his request for early hearing of appeal was considered and rejected which was shocking that 5 years after filing of appeal, matter was dealt with in such unceremonious manner---Whether information was being provided regarding the appeal or said request for early hearing was not made clear by the authorities---Petitioner had not approached High Court for enforcement of and term and condition of his service, but for enforcing performance of duties enjoined upon the authorities as public functionaries---Petitioner had all rights to have the case decided by means of speaking order containing reasons for the same---Allowing petition, authorities were directed to take up said appeal and after considering the same to decide it in accordance with law by means of a speaking order within specified period. JUDGMENT MAULVI ANWARUL HAQ, J.---Reference to detailed facts for the purpose of this order would not be necessary. Suffice it to say that feeling aggrieved of order, dated 21-6-1999 imposing major penalty of dismissal from service, the petitioner filed an appeal before the learned Punjab Service Tribunal. It was disposed of on 11-4-2000 with the direction that appeal be filed before the Secretary Education (Punjab), the Controlling Authority. An appeal was so filed on 5-6-2000 (Annexure J). It remained pending. On 8-7-2004 the petitioner filed an application for early hearing of the appeal. By means of letter, dated 19-1-2005 (Annexure K), he was informed that his request has been considered and filed. 2. Learned counsel for the petitioner contends that the order is…

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