| Citation(s) |
|---|
| 2007 SLG 2067 2007 SLD 2067 2007 PLC 883 |
Supreme Court of Pakistan
C. P.L.A. No.1992-L of 2002, decision dated: 1st September, 2004. (On appeal From the judgment of Punjab Service Tribunal, Lahore dated 5-4-2002 passed in Appeal No.1015 of 1998).
RANA BHAGWANDAS AND MUHAMMAD NAWAZ ABBASI, JJ
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C. P.L.A. No.1992-L of 2002, decision dated: 1st September, 2004. (On appeal From the judgment of Punjab Service Tribunal, Lahore dated 5-4-2002 passed in Appeal No.1015 of 1998).
RANA BHAGWANDAS AND MUHAMMAD NAWAZ ABBASI, JJ
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GHULAM SHABBIR
VS
INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE and 15 others GHULAM SHABBIR vs INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE and 15 others
Law:
Section:
Punjab Service Tribunals Act (IX of 1974)------S. 4---Constitution of Pakistan (1973), Art.212(3)---Appeal before Service Tribunal--- Maintainability---Second departmental representation---Effect---Initial representation of civil servant was rejected by departmental authority vide order dated 7.7.1993 and second representation on the same subject would not give fresh life to the order---Order passed by departmental authority in the subsequent representation would be in reiteration of earlier order passed by the authority---Such subsequent order would neither revive the past and closed transaction nor create fresh cause of action for the purpose of limitation for filing appeal before Service Tribunal---Appeal was rightly dismissed by Service Tribunal as barred by time---Leave to appeal was refused. Nazakat Ali v. WAPDA 2004 PLC (C.S.) 163, Abdul Basin Khan v. Chief Minister, Sindh 2001 PLC (C.S.) 477 and Sirajun Munira v. Pakistan 1998 SCMR 785 ref. Syed Nisar Ali Shah, Advocate Supreme Court for Petitioner. Raja Abdur Rehman, Assistant Advocate-General, Muhammad Muzammal Khan, Legal Inspector and Irshad Ahmad Bhatti, Legal Inspector for Respondents. Date of hearing: 1st September, 2004. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This petition has been directed against the judgment, dated 5-4-2002 passed by Punjab Service Tribunal, Lahore, whereby service appeal filed by the petitioner against the rejection of his representation by the competent authority, was dismissed. 2. The representation riled by the petitioner against the punishment of warning and censure and penalty of one year service twice during the period from 1986 to 1989, was dismissed by the Additional Inspector-General of Police, Lahore vide order, dated 7-7-1993 which remained unchallenged. Subsequently, the petitioner qualified the upper class course in 1994 and was admitted to list "E" and was also promoted as Sub-Inspector in 1995. Thereafter, the petitioner filed a fresh departmental representation seeking his confirmation in the rank of A.S.-I., with inclusion of his name in list "E" w.e.f. 7-4-1985 and promotion to the rank of Sub-Inspector, w.e.f. 5-7-1987 an the ground that the punishment of…
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