| Citation(s) |
|---|
| 2006 SLG 1789 2006 SLD 1789 2006 PLC 887 |
Service Tribunal, Punjab
Appeals Nos.94 and 95 of 2004, decision dated: 21st April, 2004.
JUSTICE (REID.) RIAZ KAYANI, CHAIRMAN
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Appeals Nos.94 and 95 of 2004, decision dated: 21st April, 2004.
JUSTICE (REID.) RIAZ KAYANI, CHAIRMAN
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ABDUL RAZZAQ and another
VS
SENIOR MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE and 2 others ABDUL RAZZAQ and another vs SENIOR MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE and 2 others
Law:
Section:
Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)-------Ss. 2(d), 3 & 10---Punjab Service Tribunals Act (IX of 1974), S. 4---Removal from service---Selection Committee on relaxation of ban on recruitment of Patwaris, selected appellants as patwaris on merits and were appointed as such and their appointment was duly notified---Subsequently appointment of appellants was cancelled and they were declared ineligible as Patwaris on allegation that they possessed double domicile and had applied for one and more Sub-Divisions for recruitment as Patwaris---Appeals filed by appellants against cancellation of their appointment were accepted by Tribunal and they were ordered to be reinstated in service and period between removal from service and reinstatement was treated as leave due---Said clear and unambiguous order of Tribunal was not complied with and instead appellants were removed from service under S. 3 of Punjab Removal from Service (Special Powers) Ordinance, 2000---None-compliance of order of Tribunal amounted to a gross contumacy on the part of Authorities and launching of further proceedings against appellants was without jurisdiction---Basis of proceedings under S. 3 of Punjab Removal from Service (Special Powers) Ordinance, 2000 was that a person contemplated to be proceeded against should be a person in government or corporation service---Appellants could only regain status of a civil servant, had the of Tribunal been complied with---Authorities proceeded against persons who were not civil servants---No sanctity was attached to order of Authority---Said order along with that of Executive District Officer (Revenue), were set aside and quashed being coram non judice. Appellants in person. Khadim Hussain Sindhu, District Authority, Sycd Mubashir Qadeer, Junior Clerk and Muhammad Saeed, Superintendent Board of Revenue Punjab Departmental Representation for Respondents. Date of hearing: 19th April, 2004. JUDGMENT JUSTICE (RETD.) RIAZ KAYANI (CHAIRMAN).---Appellant Abdul Razzaq, former Patwari Lahore Cantt. has brought appeal No.94 of 2004 along with another Patwari Israr Ahmad also of Lahore Cantt., his appeal numbered as 95 of 2004, both…
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