| Citation(s) |
|---|
| 2003 SLG 1044 2003 SLD 1044 2003 PLC 1108 |
Supreme Court of Pakistan
Civil Petition No. 3311-L of 2002, decision dated: 16-04-2003. (On appeal from the judgment dated 28-5-2002 of the Punjab Service Tribunal, Lahore, passed in Appeal No. 174 of 2002).
JAVED IQBAL, FALAK SHER AND KARAMAT NAZIR BHANDARI, JJ
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Civil Petition No. 3311-L of 2002, decision dated: 16-04-2003. (On appeal from the judgment dated 28-5-2002 of the Punjab Service Tribunal, Lahore, passed in Appeal No. 174 of 2002).
JAVED IQBAL, FALAK SHER AND KARAMAT NAZIR BHANDARI, JJ
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SECRETARY TO GOVERNMENT OF THE PUNJAB, EXCISE, AND TAXATION DEPARTMENT, LAHORE and others
VS
KHALID SIDDIQUE
Law:
Section:
(a) Constitution of Pakistan (1973)------Art. 212(3)---Supreme Court Rules, 1980, O.XIII, R.1---Petition barred by 34 days ---Condonation of delay---Plea of petitioner not to have obtained certified copy in time, held, could not be considered being devoid of merit--Supreme Court dismissed petition as barred by time. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1999--- ----R.4(a)---Punjab Service Tribunals Act (IX of 1974), S.4---Constitution of Pakistan (1973), Art. 212(3)---Minor penalty of stoppage of two annual increments---Use of objectionable and unethical language by civil servant in letters addressed to his senior officer---Service Tribunal set aside punishment after finding nothing unethical or objectionable in such letters, which with reference to taxation contained only proposals for elimination of corruption in registration on basis of forged document---Validity---Department could not substantiate such accusation against civil servant by leading cogent and concrete evidence---Finding of Tribunal being well based did not warrant any interference---No question of law of public importance was involved---Supreme Court dismissed petition and refused leave. Muhammad Riaz Lone, Advocate Supreme Court and Rao Muhammad Yusuf, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 16th April, 2003. ORDER JAVED IQBAL, J.---This petition for leave to appeal is directed against the judgment dated 28-5-2002, passed by learned Punjab Service Tribunal, Lahore whereby the appeal preferred on behalf of Khalid Siddique (respondent) has been accepted and the order dated 21-4-2002, whereby minor penalty of stoppage of two annual increments was imposed on the petitioner has been set aside. 2. Heard, Mr. Muhammad Riaz Lone, learned Advocate Supreme Court on behalf of petitioner at length who could not put forth any plausible justification for condonation of delay of 34 days. The prime contention of learned Advocate Supreme Court that certified copy could not be obtained in time being devoid of merit cannot be considered. Besides what has been stated hereinabove the accusation against the respondent that he had used objectionable and…
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