| Citation(s) |
|---|
| 2004 SLG 1391 2004 SLD 1391 2004 PLC 22 |
Lahore High Court
Writ Petition No. 12318 of 2001, decision dated: 20-02-2002.
SYED, JAMSHED ALI, J
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Writ Petition No. 12318 of 2001, decision dated: 20-02-2002.
SYED, JAMSHED ALI, J
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RIFFAT JAMIL AWAN
VS
PUNJAB EMPLOYEES SOCIAL SECURITY INSTITUTION and others
Law:
Section:
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---------R.4(1)(b)(iii)--Compulsory retirement from service---Civil servant serving as Accounts Officer in B.S. 16 was proceeded against and penalty of compulsory retirement from service was imposed upon him---Civil servant filed appeal before Appellate Authority which appeal was accepted and civil servant was ordered to be reinstated---Concerned Authority, instead of implementing the order of Appellate Authority., submitted the case to Governing Body for review of said order and Governing Body decided not to reinstate civil servant---Governing Body which was constituted under S.5 of' Provincial Employees' Social Security ordinance, 1965 had no jurisdiction whatsoever to nullify order passed appellate Authority under Punjab Civil Servants (Efficiency and Discipline) Rules, 1965 and in absence of any power to review in the said Rules, order passed by Appellate Authority, had attained finality and same could not be interfered with---Governing Body, in circumstances, had transgressed limits of law to undo order passed by Appellate Authority---Order passed by Governing Body was declared without lawful authority and reinstatement of civil servant in service was directed. Punjab Employees Social Security Institution, Lahore and others v. Manzoor Hussain Khan and others (1992 PLC (C.S.) 417 ref. Dr. Ihsan-ul-Haque Khan for Petitioner. Imran Aziz Qureshi for Respondents Nos. 1 and 2. Malik Akhtar Hussain Awan, Addl. A.-G. for Respondent No.3. Date of hearing: 20th February, 2002. JUDGMENT Although the case is in motion hearing yet with the consent of the learned counsel for the parties, it has been taken .up for final disposal. 2. The petitioner was serving as Accounts Officer in B.S. 16 to the Punjab Employees Social Security Institution (hereinafter referred to as the institution). Departmental proceedings, under the, Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 (duly adopted by the Institution) were taken against him and major penalty of compulsory 'retirement from service was imposed upon him vide order dated 11-2-1999. The petitioner filed an appeal before the Appellate Authority, (the…
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