Case Details

Citation(s)
2003 SLG 563 2003 SLD 563 2003 SCMR 1095
Supreme Court of Pakistan
Civil Petition No.3435-L of 2001, decision dated: 15-04-2002. (On appeal from the order dated 3-9-2001 of the Punjab Service Tribunal, Lahore, passed in Appeal No. 1856 of 2000)
ABDUL HAMEED DOGAR AND TANVIR AHMAD KHAN, JJ
M. S. Baqir, Advocate Supreme Court and Sh. Salah-ud-Din, Advocate-on-Record for Petitioner. Nemo for
Respondents

GHULAM RASOOL

VS

COMMISSIONER, LAHORE DIVISION, LAHORE and 2 others

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ----R.4---Constitution of Pakistan (1973), Art. 212(3)---Dismissal from service---Admission of guilt---Civil servant was charge-sheeted on the allegation of issuance of arms licences without sanction from the District Magistrate---Departmental inquiry was conducted against the civil servant and on his failure, to reply the charge-sheet satisfactorily major penalty of removal from service was recommended---Competent Authority after affording opportunity of personal hearing to the civil servant, imposed major penalty of removal from service---Service Tribunal declined to interfere with the order of dismissal passed against the civil servant---Plea raised by the civil servant was that he had been falsely implicated in the case---Validity---Proper procedure as laid down under Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, had been adopted and the civil servant had been removed from service in accordance with law after issuing him a charge-sheet and holding preliminary and final inquiries in the matter with a chance of personal hearing---Inquiry reports revealed that the civil servant during personal hearing. had admitted that he had prepared/issued a lot of arms licences and such fact was admission of guilt of the charges leveled against him---Supreme Court declined to interfere with the order of dismissal--­Leave to appeal was refused. JUDGMENT ABDUL HAMEED DOGAR, J.---The petitioner seeks leave to appeal against the judgment dated 3-9-2001 passed by the Punjab Service Tribunal, Lahore, in Service Appeals Nos. 1856 and 1857 of 2000 whereby the same were dismissed. 2. The facts leading to the filing of the petition are that the petitioner while posted as Junior Clerk in the Office of Deputy Commissioner, Okara, in Arms Licensing Branch, prepared/signed so many application forms of Arms Licence without police reports and sanctions of the District Magistrate. The petitioner was charge-sheeted with several allegations that he issued arms licences to various persons without having any sanction from the District Magistrate and without obtaining reports from the concerned police stations.…
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