| Citation(s) |
|---|
| 2003 SLG 714 2003 SLD 714 2003 SCMR 1738 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.2329/L of 2002, decision dated: 3rd December, 2002. (On appeal from the judgment dated 3-6-2002 of the Punjab Service Tribunal, Lahore, passed in Appeal No.555 of 2002)
TANVIR AHMED KHAN AND FALAK SHER, JJ
Arif Chaudhry, Advocate Supreme Court with Mahmood A. Qureshi, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition for Leave to Appeal No.2329/L of 2002, decision dated: 3rd December, 2002. (On appeal from the judgment dated 3-6-2002 of the Punjab Service Tribunal, Lahore, passed in Appeal No.555 of 2002)
TANVIR AHMED KHAN AND FALAK SHER, JJ
Arif Chaudhry, Advocate Supreme Court with Mahmood A. Qureshi, Advocate-on-Record for Petitioner. Nemo for
Respondents
Haji MUHAMMAD AKRAM-
VS
GOVERNMENT OF THE PUNJAB and others
Law:
Section:
Punjab Service Tribunals Act (IX of 1974)--- ----S.4---West Pakistan Land Revenue Act (XVII of 1967), S.42--Constitution of Pakistan (1973), Art. 212(3)---Dismissal from service--Professional negligence-- Attesting a mutation in violation of law--Allegation against the civil servant was that while working as Additional Naib-Tehsildar, he attested a mutation which was based on fraudulent and fictitious sale-deed---Civil servant was dismissed from service after holding a detailed inquiry by the Authorities and his appeal before Service Tribunal also failed---Plea raised by the civil servant was that he had been discriminated as other persons involved in the transaction had been let off with minor penalties---Validity---Revenue Officer was enjoined under S.42 of West Pakistan Land Revenue Act, 1967, to hold inquiry regarding genuineness of all entries in the Revenue Record---Civil servant without application of mind sanctioned the mutation in a slipshod manner when he being incharge of the Registry Branch was supposed to satisfy himself with all the legal requirements and to verify the contents of a sale-deed before attesting the mutation---Supreme Court declined to interfere with the judgment passed by the Service Tribunal---Leave to appeal was refused. ORDER TANVIR AHMED KHAN, J. ---Leave to appeal is sought against the judgment dated 3-6-2002 whereby the learned Chairman of the Punjab Service Tribunal, Lahore (hereinafter referred to as the Tribunal), dismissed Appeal No.555 of 2002, filed by the -Petitioner against his dismissal from service through order dated 15-12-2001. Briefly stated the facts leading to the disposal of this petition are that the -Petitioner, while working as Additional Naib Tehsildar, Bahawalpur, was served with a charge-sheet stating therein that he had attested Mutation No.295 on 3-3-1993 on the basis of a fraudulent and fictitious sale-deed dated 23-3-1949 in favour of one Niaz Ahmed for a piece of land measuring 124 Kanals situated in Chak No.93, Tehsil Chistian, District Bahawalnagar. He submitted his reply to the aforesaid charge-sheet. A detailed enquiry was conducted into the matter, as a consequence whereof the -Petitioner was…
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