Case Details

Citation(s)
2003 SLG 1111 2003 SLD 1111 2003 PLC 1303
Supreme Court of Pakistan
Civil Petition No.393-L of 2003, decision dated: 25-04-2003. (On appeal from the judgment dated 18-12-2002 of the Punjab Service Tribunal passed in Appeal No. 1902 of 2002).
MUNIR A. SHEIKH AND FALAK SHER, JJ

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MUHAMMAD NAWAZ

VS

DISTRICT AND SESSIONS JUDGE and others

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1999-------Rr.6 & 7---Punjab Removal from Service (Special Powers) Ordinance (IV of 2000), Ss.3 & 13---Constitution of Pakistan (1973), Art. 212(3)---Disciplinary proceedings pending against civil servant under Punjab Civil Servants (Efficiency and Discipline) Rules, 1999---Switching over such proceedings to Punjab Removal from Service (Special Powers) Ordinance, 2000 and imposing penalty thereunder on civil servant--­Validity---Disciplinary proceedings initiated prior to coming into force of Ordinance, 2000 would be completed under Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 and not under Ordinance, 2000---Supreme Court set aside impugned order/ and remanded case to departmental authority for decision under (Efficiency and Discipline) Rules, 1999. Pervaiz Inayat Malik, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 25th April, 2003. JUDGMENT MUNIR A. SHEIKH, J.--The notices issued to the respondents in pursuance of order dated 10-4-2003 have been returned with the report that some of them have gone on tour and the others have been transferred. 2. The grievance of the petitioner in this petition was that disciplinary proceedings were initiated against him under (E&D) Rules, Inquiry Officer was…
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