| Citation(s) |
|---|
| 2002 SLG 1086 2002 SLD 1086 2002 SCMR 57 |
Supreme Court of Pakistan
Civil Appeal No. 95 of 1999, decision dated: 5-07-2001.hearing DATE : 19-04-2001(On appeal from the judgment dated 7-10-1998 of the Punjab Service Tribunal, passed in Appeal No. 694 of 1994)
ABDUR RAHMAN KHAN AND NAZIM HUSSAIN SIDDIQUI, JJ
Hafiz Tariq Nasim, Advocate Supreme Court and M. Aslam Chaudhry, Advocate-on-Record (absent) for Appellant.Dil Muhammad Tarar, Advocate Supreme Court and Rao M. Yousaf Khan, Advocate-on-Record for
Respondents.
Civil Appeal No. 95 of 1999, decision dated: 5-07-2001.hearing DATE : 19-04-2001(On appeal from the judgment dated 7-10-1998 of the Punjab Service Tribunal, passed in Appeal No. 694 of 1994)
ABDUR RAHMAN KHAN AND NAZIM HUSSAIN SIDDIQUI, JJ
Hafiz Tariq Nasim, Advocate Supreme Court and M. Aslam Chaudhry, Advocate-on-Record (absent) for Appellant.Dil Muhammad Tarar, Advocate Supreme Court and Rao M. Yousaf Khan, Advocate-on-Record for
Respondents.
RASHID MEHMOOD
VS
ADDITIONAL INSPECTOR-GENERAL OF POLICE and 2 others
Law:
Section:
(a) Constitution of Pakistan (1973)---Art. 212(3)---Leave to appeal was granted by Supreme Court to consider the effect of dismissal of the civil servant from service after he was acquitted of criminal charge. Malik Azharul Haq v. Director of Food, Punjab, Lahore 1991 SCMR 209 ref. (b) Punjab Service Tribunals Act (IX of 1974)--- ----S. 4---Government Servants (Efficiency and Discipline) Rules, 1973, Rr.2(1), 3 & 6---Dismissal from service---Acquittal from criminal charge--Civil servant was acquitted by the Trial Court---Departmental Authority dismissed the civil servant from service only on the charge of being involved in criminal case---Service Tribunal maintained the decision of the Departmental Authority and appeal was dismissed---Validity---Regular inquiry, having not been conducted by the Departmental .Authority, petitioner could plead that having been exonerated by the Criminal Court, the Departmental Authority was not competent to discharge/remove him from service---Where the Departmental Authority failed to conduct any regular inquiry against the civil servant, it had, therefore, no basis to hold the civil servant guilty of misconduct---Judgment passed by the Service Tribunal was set aside and Supreme Court directed the Authorities to reinstate the civil servant it: service with back benefits for the period he had not been gainfully employed elsewhere---Appeal was allowed. Malik Azharul Haq v. Director of Food, Punjab, Lahore 1991 SCMR 209; Dr. Muhammad Islam v. Government of N.-W.F.P. through Secretary, Food, Agriculture, Livestock and Cooperative Department, Peshawar and 2 others 1998 SCMR 1993; Muhammad Sardar Khan v. Senior Member (Establishment), Board of Revenue, Punjab, Lahore 1985 SCMR 1483; Muhammad Iqbal Zaman, Verpacular Clerk, Marwat Canal Division, Bannu v. Superintending Engineer, Southern Irrigation Circle, Bannu and 4 others 2000 PLC (C.S.) 331; Province of the Punjab v. Abdul Aziz Qureshi 1994 SCMR 247; Secretary, Government of the Punjab through Secretary, Health Department, Lahore and others v. Riaz-ul-Haq 1997 SCMR 1552 and Amjad v. The Chief Engineer, WAPDA and another 1998 PSC 337 rut. JUDGMENT ABDUR RAHMAN KHAN, J.---The…
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