| Citation(s) |
|---|
| 2004 SLG 942 2004 SLD 942 2004 SCMR 549 |
Supreme Court of Pakistan
Civil Petition No.430 of 2003. heard on 9-10-2003.(On appeal from the judgment dated 10 2 2003 of the Punjab, Service Tribunal, Lahore Camp, Rawalpindi passed in Service Appeal No. 1748 of 2002)
RANA BHAGWANDAS, JAVED IQBAL AND KARAMAT NAZIR BHANDARI, JJ
Ch. Afrasiab Khan, Advocate Supreme Court with Ch. Akhter Ali, Advocate on-Record for Petitioner. Khalid Mehmood Sindhu, Section Officer and Iqbal Ahmad Javed, Assistant Secretary, Education for
Respondents
Civil Petition No.430 of 2003. heard on 9-10-2003.(On appeal from the judgment dated 10 2 2003 of the Punjab, Service Tribunal, Lahore Camp, Rawalpindi passed in Service Appeal No. 1748 of 2002)
RANA BHAGWANDAS, JAVED IQBAL AND KARAMAT NAZIR BHANDARI, JJ
Ch. Afrasiab Khan, Advocate Supreme Court with Ch. Akhter Ali, Advocate on-Record for Petitioner. Khalid Mehmood Sindhu, Section Officer and Iqbal Ahmad Javed, Assistant Secretary, Education for
Respondents
MUHAMMAD ZAHOOR ABBASI
VS
GOVERNMENT OF THE PUNJAB through Secretary Education, Civil Secretariat, Lahore and 3 others --Respondents
Law:
Section:
(a) Constitution of Pakistan (1973)--- Art.212(3) New plea, raising of Point of law Point that rule was ultra vires was not urged before Service Tribunal Validity Such point should not have been normally permitted to be raised in Supreme Court but the same being question of law was allowed to be urged by the Supreme Court. (b) Punjab Civil Servants Act (VIII of 1974) S.18 Punjab Civil Services (Pension) Rules, 1963, R.1.8 (a)-Constitution of Pakistan (1973), Art.212(3) Misconduct Penalty of withholding of pension Vires of R.1.8 of Punjab Civil Services (Pension) Rules, 1963 Authorities withheld 60% of pension of the civil servant under R.1.8 (a) of Punjab Civil Services (Pension) Rules, 1963, on the charge of misconduct Service Tribunal allowed appeal filed by the civil servant and reduced the penalty from 60% to 10% Contention of the civil servant was that pension could only be denied in cases of removal and dismissal from service on a charge of indiscipline otherwise the civil servant had to be paid full pension Civil servant further contended that the provision of R.1.8 of Punjab Civil Services (Pension) Rules, 1963, was ultra vires of S.18 of Punjab Civil Servants Act, 1974 Validity Such interpretation of the Rule would have been acceptable if the words "as may be prescribed" were not there in R. I .8(a)(1) of Punjab Civil Services (Pension) Rules, 1963, thus the provision of law was a healthy one and was meant to ensure good conduct on the part of a civil servant during service or even after it ¬Civil servant on completion of service was entitled to pension provided he had been found of good conduct during the service Dismissed or removed civil servant being guilty of misconduct had no claim to pension under R.1.8(a)(3) of Punjab Civil Services (Pension) Rules, 1963 -Provision of R.1.8 of Punjab Civil Services (Pension) Rules, 1963, being not ultra vires of S.18 of Punjab Civil Servants Act, 1974, Supreme Court declined to interfere with the passed by Service Tribunal Leave to appeal was refused. Malik Ehsan ul Haq v. Government of the Punjab through Chief Secretary and 3 others 1994 PLC (C.S.) 454 and Syed Munir Hussain Shah v. Secretary, Livestock Dairy…
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