| Citation(s) |
|---|
| 2007 SLG 1790 2007 SLD 1790 2007 PLC 76 |
Supreme Court of Pakistan
Civil Petitions Nos.2964-L to 2973-L of 2003, decision dated: 10-02-2004. (On appeal from the judgment dated 13-10-2003 passed by the Punjab Service Tribunal in Appeals Nos.2915, 14, 16, 17 and 2814, 15, . 2871, 2872, 2873 and 2874 of 2002).
IFTIKHAR MUHAMMAD CHAUDHRY, FAQIR MUHAMMAD KHOKHAR AND FALAK SHER, JJ
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Civil Petitions Nos.2964-L to 2973-L of 2003, decision dated: 10-02-2004. (On appeal from the judgment dated 13-10-2003 passed by the Punjab Service Tribunal in Appeals Nos.2915, 14, 16, 17 and 2814, 15, . 2871, 2872, 2873 and 2874 of 2002).
IFTIKHAR MUHAMMAD CHAUDHRY, FAQIR MUHAMMAD KHOKHAR AND FALAK SHER, JJ
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GOVERNMENT OF THE PUNJAB
VS
MUHAMMAD MUNIR AKHTAR and others GOVERNMENT OF THE PUNJAB vs MUHAMMAD MUNIR AKHTAR and others
Law:
Section:
Punjab Service Tribunals Act (IX of 1974)-------S. 4---Constitution of Pakistan (1973), Art.212(3)---Direction by Service Tribunal---Holding of fresh inquiry---Service Tribunal, jurisdiction of---Service Tribunal after having examined the case of civil servant and controversy involved in depth, had opined that an independent Inquiry Committee consisting of two Chief Engineers of established repute and integrity should be constituted to examine the complete record along with the defence to be taken by the civil servant whereafter report would be submitted to the Authority for adjudication---Contention of civil servant was that the Tribunal could not remand the case after giving such direction---Validity---Judgment passed by Service Tribunal was just and proper and no interference was called for by Supreme Court in exercise of jurisdiction under Art.212(3) of the Constitution---Leave to appeal was refused. Mian Ghulam Hussain Advocate Supreme Court for Petitioner (in all cases). Nemo for Respondents. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition has been filed against the judgment, dated 13-10-2003 passed by the Chairman of Punjab Service Tribunal, Lahore. Concluding paragraph of the impugned judgment is reproduced hereinbelow:--- "Keeping all the facts in juxta-position we are of considered view that the case in its entirety requires re-consideration. We, therefore, accept all the appeals set aside the order imposing penalties by the authority dated 12-8-2001, directing reinstatement of the appellants in service, the intervening period between dismissal from service and reinstatement to be considered as leave of the kind due. The matter would once again be thrashed through a de novo inquiry to be held by two Chief Engineers of independent repute and integrity who shall examine the complete record along with the defence to be taken by the appellants…
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