| Citation(s) |
|---|
| 2007 SLG 2063 2007 SLD 2063 2007 PLC 867 |
Supreme Court of Pakistan
Civil Petition No.944-L of 2003, decision dated: 6-08-2004. (On appeal from judgment dated 14-4-2003 of the Punjab Service Tribunal, Lahore, passed in Appeal No.716 of 1998).
FAQIR MUHAMMAD KHOKHAR AND TASSADUQ HUSSAIN, JILLANI, JJ
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Civil Petition No.944-L of 2003, decision dated: 6-08-2004. (On appeal from judgment dated 14-4-2003 of the Punjab Service Tribunal, Lahore, passed in Appeal No.716 of 1998).
FAQIR MUHAMMAD KHOKHAR AND TASSADUQ HUSSAIN, JILLANI, JJ
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Mst. NAHEED NUSRAT HASHMI
VS
SECRETARY, EDUCATION (ELEMENTARY), PUNJAB, LAHORE and others Mst. NAHEED NUSRAT HASHMI vs SECRETARY, EDUCATION (ELEMENTARY), PUNJAB, LAHORE and others
Law:
Section:
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-------R. 7---Constitution of Pakistan (1973), Art.212(3)---Findings of fact, substitution of---Discrimination by departmental Authorities---After departmental inquiry, competent Authority imposed penalty of reduction in time scale for a period of two years coupled with recovery of pecuniary loss---Service Tribunal dismissed the appeal but modified penalty by reduction in time scale into stoppage of two annual increments for four years however, recovery of pecuniary loss was maintained---Plea raised by civil servant was that she had been discriminated in departmental inquiry as other civil servants were let off---Validity--Competent Authority had issued show-cause notice to the civil servant and had also afforded her opportunity of personal hearing in the light of findings of Inquiry Officer and recommendations by Authorized Officer---Service Tribunal had already modified the penalty of her reduction in time scale by converting the same into stoppage of annual increments for four years along with recovery of pecuniary loss---Other civil servants with similar allegations were also dealt with similarly by the Authorities---Charge against the civil servant was proved at departmental level and Supreme Court declined to substitute its findings of fact for those recorded by the competent forum in absence of any exceptional circumstances---Judgment passed by Service Tribunal was not suffering from any legal infirmity so as to warrant interference by Supreme Court---No substantial question of law of public importance was involved as envisaged by Art.185(3) of the Constitution---Leave to appeal was refused. Sh. Khizar Hayat, Advocate Supreme Court for Petitioner. Raja Abdur Rehman, A.A.-G. Punjab, Mian Ghulam Hussain, Advocate Supreme Court and Syed Ijaz Hussain Naqvi, Under Secretary, Education Department for Respondents. Date of hearing: 6th August, 2004. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---The petitioner seeks leave to appeal from judgment dated 14-2-2003, passed by the Punjab Service Tribunal, Lahore (hereinafter referred to as the Tribunal), in Appeal No.716 of 1998. 2. The petitioner, Deputy District…
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