| Citation(s) |
|---|
| 2005 SLG 1591 2005 SLD 1591 2005 PLC 762 |
Service Tribunal, Punjab
Appeals Nos. 2194, 2195 of 2001, 150 of 2002 and 299 of 2002, decision dated: 20-09-2002.
SHAFQAT ALI HIJAZI, MEMBER
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Appeals Nos. 2194, 2195 of 2001, 150 of 2002 and 299 of 2002, decision dated: 20-09-2002.
SHAFQAT ALI HIJAZI, MEMBER
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Sh. MUHAMMAD UMER and others
VS
SUPERINTENDING ENGINEER, HIGHWAY CIRCLE, LAHORE and others
Law:
Section:
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---------R.4(1)(b)(iv)---Punjab Service Tribunals Act (IX of 1974), S.4--Dismissal from service---Appeal against---Appellants against whom criminal cases were registered were tried by Summary Military Court and were awarded different punishments- --Appellants filed Constitutional petitions against their conviction orders---During pendency of said Constitutional petitions, respondent Authority on basis of conviction, of appellant, proceeded against appellant and after issuing them show-cause notice in jail, dismissed appellants, from service carrying out Ex parte proceedings against them because they could not reply the show-cause notice against them---High Court accepting Constitutional petitions filed by appellants against their conviction, acquitted them holding that alleged offences against appellants having been committed beyond three years, trial of appellant by Summary Military Court was violation of Army Act ---After said acquittal appellants filed Departmental appeals for their re-instatement in service, but same having been dismissed; appellants had filed appeals before Service Tribunal---Very ground on which appellant were dismissed from service having been declared unlawful by High Court against which no appeal had been filed by respondent Authority order of High Court had attained finality---After final order of High Court, grounds of dismissal of appellants, having been cancelled, their dismissal order from service, would not stand-Order, dismissing appellants from service, were set aside and they were ordered to be reinstated in ,service Intervening period was to be treated as leave of the kind due to appellants. Dr. Ehsan-ul-Haque Khan for appellant. Muhammad Aslam Awais, Distt, Attorney for Respondent. Date of hearing: 18th September, 2002. JUDGMENT SHAFQAT ALI HIJAZI (MEMBER)---Through this single judgment, I intend to dispose of Appeals Nos.2194 of 2001, 2195 of 2001, 150 of 2002 and 299 of 2002, as they involve common question of fact arid of law. 2. A case F.I.R. No. 10/84 was registered with PS, D.A.C.E. Lahore (Director, Anti-Corruption Establishment, Lahore) against 15 persons…
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