| Citation(s) |
|---|
| 2001 SLG 1835 2001 SLD 1835 2001 PLC 253 |
Service Tribunal, Punjab
Appeal No.926 of 1995, decision dated: 17-06-2000.
JAWAD AHMED MUFTI, MEMBER-II
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Appeal No.926 of 1995, decision dated: 17-06-2000.
JAWAD AHMED MUFTI, MEMBER-II
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AHMED ALI, A.S.I., POLICE, OKARA
VS
D.I.G. and 10 others
Law:
Section:
(a) Civil service----- Relaxation in upper age limit---Civil servant, who was involved in Zina case, was dismissed from service by Competent Authority but in revision he, was awarded penalty of reduction in rank---Said punishment was also set aside, by Service Tribunal---During said proceedings many Head Constables junior to civil servant were selected for Intermediate class course and on successful passing of said course, were promoted as Assistant Sub-Inspectors, but civil servant, who in the meantime had become over-age, was denied said selection---Civil servant had contended that he having been exonerated of criminal charge against him, was entitled to relaxation in upper age limit and. Authorities could not have refused to nominate him for Intermediate class course on ground that he had crossed prescribed age limit---Relocation in age limit could be given in cases of hardships or where civil servant would miss the bus for some untoward reasons for which he could not be blamed---Civil servant at relevant time was facing an action which was lecherous, and though he was exonerated in criminal case against him, but his record otherwise was also "chequered "---Civil servant could not claim equal treatment with those who had enviable service record---Rule of consistency could not be pressed into service for civil servant who, had blemished record---In absence of any ill-will on the part of Authorities for not allowing relaxation in upper age limit in case of civil servant, their order could not be interfered with. (b) Civil service--- ---Conduct of civil servant---Effect of criminal proceedings on Departmental proceedings---Standard of evidence/material in criminal cases was altogether different from material on service roll of a civil servant---In service matters, conduct of a civil servant was to be seen---Result of criminal proceedings could not always influence proceedings on Departmental side---Accused in some cases was not prosecuted on some technical grounds, but that would not be a bar for Authorities from enquiring into truth of charge against civil servant by examining his service record. Masud Ahmed Riaz for Appellant. Muhammad Wasim, Representative…
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