| Citation(s) |
|---|
| 2010 SLG 2857 2010 SLD 2857 2010 SCMR 1688 |
Supreme Court of Pakistan
Civil Petition No.180-Q of 2009, decision dated: 11-05-2010
JAVED IQBAL AND ASIF SAEED KHAN KHOSA, JJ
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Civil Petition No.180-Q of 2009, decision dated: 11-05-2010
JAVED IQBAL AND ASIF SAEED KHAN KHOSA, JJ
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ABDUL MAJEED
VS
. PROVINCIAL POLICE OFFICER and 2 others
Law:
Section:
Police Rules, 1934-------R. 9.7(2)---Baluchistan Civil Servants Rules, 1979, R.12-A---Constitution of Pakistan (1973), Art. 212(3)---Date of birth, alteration in---Age relaxation given by Chief Minister to civil servant after 35 years of his joining service---Dismissal of civil servant's appeal by Service Tribunal---Validity---Alteration . in date of birth could be sought within two years of service---Civil servant could not furnish any explanation regarding his silence for such long period---Chief Minister had not exercised his discretion in accordance with law and settled norms of .justice---Supreme Court dismissed petition for leave to appeal in circumstances. Karamat Hussain v. Province of the Punjab 1982 SCMR 897; Razia Sultana v. Government of Punjab 1981 SCMR 715; M. Yamin Qureshi v. Islamic Republic of Pakistan PLD 1980 SC 22; Nisar Ahmad Khawaja V. Muhammad Usman Muhammad Khan Wasan 1980 SCMR 722; Yousaf Hussain Siddiqui v. Additional Settlement and Rehabilitation Commissioner, Peshawar 1976 SCMR 268; Director Food v. Rashid Ahmad 1990 SCMR 1446; Province of Punjab v. Rao Abdul Jalil Khan 1989 SCMR 330; Abdul Razaq v. Province of Punjab 1980 SCMR 876; Muhammad Yaquh Sheikh, District Engineer, District Council, Toba Tek Sing v. Government of Punjab through Secretary Local Government and Rural Development Department, Lahore and others 1987 SCMR 1354 and Director Food, Punjab, Lahore v. Muhammad Yasin Bhatti 1988 SCMR 496 ref. M.W.N. Kohli, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date, of hearing 11th May, 2010. JUDGMENT JAVED IQBAL, J.---This petition for leave to appeal is directed against judgment dated 30-10-2009 whereby the appeal preferred on behalf of petitioner has been dismissed. 2. On failure to get altered the date of birth, petitioner approached the learned Service Tribunal by means of appeal and on dismissal, the jurisdiction as conferred upon this Court under Article 212 of the Constitution of Islamic Republic of Pakistan has been invoked. 3. Heard Mr. M.W.N. Kohli, learned ASC on behalf of petitioner who mainly argued that the legal and factual aspects of the controversy have not been appreciated in. its true…
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