| Citation(s) |
|---|
| 2007 SLG 1854 2007 SLD 1854 2007 PLC 278 |
Supreme Court of Pakistan
Civil Petition No.3027 of 2003, decision dated: 10-11-2005. (On appeal from the judgment, dated 2-9-2003 of the Punjab Service Tribunal, Lahore passed in Appeal No.1939 of 2003).
SARDAR MUHAMMAD RAZA KHAN AND RAJA FAYYAZ AHMED, JJ
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Civil Petition No.3027 of 2003, decision dated: 10-11-2005. (On appeal from the judgment, dated 2-9-2003 of the Punjab Service Tribunal, Lahore passed in Appeal No.1939 of 2003).
SARDAR MUHAMMAD RAZA KHAN AND RAJA FAYYAZ AHMED, JJ
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MUHAMMAD YAQOOB
VS
DISTRICT POLICE OFFICER, DISTRICT SAHIWAL and 2 others MUHAMMAD YAQOOB vs DISTRICT POLICE OFFICER, DISTRICT SAHIWAL and 2 others
Law:
Section:
(a) Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)-------Ss. 3 & 10---Punjab Police (Efficiency and Discipline) Rules, 1975, R.12---Constitution of Pakistan (1973), Art.212 (3)---Compulsory retirement from service---Second revision before departmental authorities---Maintainability---Civil servant was compulsorily retired from service on the charges of gross negligence and misconduct---Civil servant preferred departmental appeal against the penalty imposed by authorities, which was also dismissed---Instead of assailing order of departmental authorities before Service Tribunal, civil servant preferred revision under R.12 of Punjab Police (Efficiency and Discipline) Rules, 1975, which was also rejected---Civil servant filed appeal before-Service Tribunal, which appeal was dismissed being time-barred---Plea raised by civil servant was that his appeal before Service Tribunal was within limitation as the same was filed after rejection of revision under R.12 of Punjab Police (Efficiency and Discipline) Rules, 1975---Validity---Civil servant could not seek shelter behind R.12 of Punjab Police (Efficiency and Discipline) Rules, 1975, and could not take its benefit for the reason that no such right was given in special law having overriding effect---Revision contemplated by Punjab Police (Efficiency and Discipline) Rules, 1975, though had given right to Inspector General of Police to revise the order of departmental authority in the circumstances given in the rule itself but the rule did not vest any right in accused civil servant to file a revision as a matter of right---Finding of Service Tribunal was perfectly in accord with the spirit of Punjab Police (Efficiency and Discipline) Rules, 1975, as well as with the provisions of Punjab Removal from Service (Special Powers) Ordinance, 2000---Supreme Court declined to interfere in the passed by Service Tribunal---Leave to appeal was refused. (b) Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)--- ----S. 10---Constitution of Pakistan (1973), Art. 212 (3)---Appeal before Service Tribunal---Limitation---Computation---Penalty of compulsory retirement was imposed on civil servant,…
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