Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-------S. 4---Constitution of Pakistan (1973), Art.212(3)---Dismissal from service---Criminal case, discharge from---Effect---Civil servant was proceeded against on the allegation of shortage of wheat from Government godown---Departmental as well as criminal proceedings were initiated against the civil servant---During the investigation of criminal case, the civil servant was discharged of the charge but in departmental proceedings the civil servant was removed from service and recovery of cost of lost wheat was also imposed on him---Service Tribunal partially allowed the appeal, penalty of removal from service was set aside but penalty for recovery of cost of lost wheat was maintained---Plea raised by the civil servant was that after his discharge from criminal case departmental proceedings could not be initiated---Validity---Discharge of civil servant by police in a criminal case would not preclude authorities from taking disciplinary proceedings against him---Ipse dixit of police regarding guilt or otherwise of an accused was not binding on departmental authorities for taking action against a delinquent civil servant under the rules---Lenient view had already been taken by the Tribunal in case of civil servant---No question of law of public importance as envisaged by Art.212(3) of the Constitution was involved---Leave to appeal was refused. Arif Ghafoor v. Managing Director, H.M.C. Taxila and others PLD 2002 SC 13; Deputy Inspector-General of Police v. Anis-ur-Rehman Khan PLD 1985 SC 134; Muhammad Ayub v. The Chairman, Electricity Board, WAPDA, Peshawar PLD 1987 SC 195; Muhammad Tufail v. Assistant Commissioner/Collector 1989 SCMR 316; Amir Abdullah v. Superintendent of Police and others 1989 SCMR 333; Muhammad Nazir v. The Superintendent of Police, Toba Tek Singh and others 1990 SCMR 1556; Talib Hussain v. Anar Gul Khan and others 1993 SCMR 2177; Muhammad Izharul Ahsan Qureshi v. Messrs P.I.A.C. 1994 SCMR 1608 and Mir Nawaz Khan v. Federal Government through Secretary, Ministry of Finance, Islamabad and 2 others 1996 SCMR 315 rel. Mian Mahmood Hussain, Advocate Supreme Court and, Sh. Salah-ud-Din, Advocate-on-Record…

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