| Citation(s) |
|---|
| 2005 SLG 967 2005 SLD 967 2005 PLC 804 |
Service Tribunal, Punjab
Appeal No. 2939 of 2003, decision dated: 18-03-2004.
JUSTICE (RETD.) RIAZ KAYANI, CHAIRMAN
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Appeal No. 2939 of 2003, decision dated: 18-03-2004.
JUSTICE (RETD.) RIAZ KAYANI, CHAIRMAN
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Dr. QAMAR SARWAR RANA
VS
CHIEF SECRETARY, GOVERNMENT OF THE PUNJAB, LAHORE and another
Law:
Section:
Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)-------Ss.1(3), 3, 9, 10 & 11---Punjab Civil Servants (Efficiency and Discipline) Rules, 1999, Rr.3 & 4---Dismissal from service---Appellant who was dismissed from service filed review petition, but said review petition having not been attended to by the competent Authority, appellant filed appeal before Service Tribunal after expiry of statutory period---Disciplinary proceedings against appellant under Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 were launched at the time when Punjab Removal from Service (Special Powers) Ordinance, 2000 had already been promulgated---Provisions of Punjab Removal from Service (Special Powers) Ordinance, 2000 having overriding effect under S.11 of the Ordinance, proceedings against appellant under Punjab Civil Servants (Efficiency and Disciplinary) Rules, 1999 were illegal--Authority concerned was directed to launch proceedings against appellant under Punjab Removal from Service (Special Powers) Ordinance, 2000 and further that if proceedings had commenced, Authorities would proceed strictly in accordance with law and should be taken to its logical conclusion by speaking order to be passed by Competent Authority. Dr. Ehsan ul Haq for the Appellant. Khadim Hussain Sindhu District Attorney for Respondents. Date of hearing: 18th March, 2004. JUDGMENT Appellant is aggrieved by the order of his dismissal dated 13-9-2003 passed by Secretary Health, Government of the Punjab, authority, arraigned as respondent No.2. The review petition was filed before respondents Nos. 1 and 2, which was not attended to. As appellant received no information, therefore, after the expiry of the statutory period, resort was made to the instant appeal for the redressal of his grievance. 2. During the hearing of the appeal, it transpired from the comments submitted by respondent No.2, in particular para. 5 of the comments which is reproduced for facility of reference:-- "It is admitted that the appellant has been awarded major penalty of dismissal from service. Regarding pendency of his Review Petition before the respondent No. 1, it is submitted that the case has…
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