| Citation(s) |
|---|
| 2003 SLG 967 2003 SLD 967 2003 PLC 721 |
Lahore High Court
Writ Petitions Nos.2798 and 771 of 2000, heard on 3rd October, 2002.
MAULVI ANWARUL HAQ, J
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Writ Petitions Nos.2798 and 771 of 2000, heard on 3rd October, 2002.
MAULVI ANWARUL HAQ, J
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SALAHUDDIN, ASSISTANT ENGINEER (MKDA)
VS
SECRETARY, FORESTRY, WILDLIFE, FISHERIES AND TOURISM DEPARTMENT, GOVERNMENT OF PUNJAB, LAHORE and 5 others
Law:
Section:
(a) Punjab Civil Servants Act (VIII of 1973)-------S.2(b)---Punjab Service Tribunals Act (IX of 1974), S.2(b)---Murree-Kahuta Development Authority Act (I of 1987), Ss. 1 & 30---Employees of Murree-Kahuta Development Authority not civil servants ---Scope---Kahuta Development Authority was a corporation established under Murree-Kahuta Development Authority Act, 1987---Held, employee of Murree-Kahuta Development Authority was not a civil servant within the meaning of Punjab Civil Servants Act, 1973 or Punjab Service Tribunals Act, 1974. (b) Murree-Kahuta Development Authority Act (I of 1987)--- ----S.32---Murree-Kahuta Development Authority Service Rules, 1994--Enforcement of Rules---Objection of the authority was that Murree-Kahuta Development Authority Service Rules, 1994, could not be enforced as the same were not statutory Rules---Validity---Rule-making power had not been left to the Corporation, rather the Government had retained the same and Murree-Kahuta Development Authority Service Rules, 1994, had been promulgated by the Governor in exercise of powers under S.32 of Murree-Kahuta Development Authority Act, 1987 as such the Rules were statutory. (c) Murree-Kahuta Development Authority Service Rules, 1994--- ----Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, R.6(3)--Constitution of Pakistan (1973), Art.199---Constitutional- petition--Condemning a person unheard--- Failure to conduct inquiry---Imposing of major penalties---Petitioner was employee of Murree-Kahuta Development Authority---Charge of misconduct was made against the petitioner, show-cause notice was issued to him and without holding any inquiry, a major penalty for recovery of a sum of Rs.500,000 was imposed on him--Validity---Appellate Authority ought to have considered the appeal of the petitioner 'Keeping in view the fact that no inquiry was held in the case--Before imposing the major penalty, the assertion of the petitioner contained in his representation was to be considered in proper perspective to fix the liability and to trace the actual or the other culprits involved in the case--Proper hearing having not been afforded to the petitioner at the appellate stage,…
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