Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts. 189 & 190---Judgment of Supreme Court---Non-observance of dictum of Supreme Court by State functionaries---Effect---Judgment of Supreme Court was binding on each and every organ of the State by virtue of Arts.189 and 190 of the Constitution---Non-observance of dictum laid down by Supreme Court was violation of Art.189 of the Constitution---Legislators and Executive had refused to give due respect to the dictum of Supreme Court, which was not congenial and conducive for the existence of the country, running the State smoothly with mutual co-ordination, respect and understanding and such situation would create chaos---Each organ must work within its limits prescribed by the Constitution. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ---R. 41(b)(i)---Award of major penalty to civil servant-Appointment under political pressure, cancellation of-Allegation against the civil servant was that he made no efforts to fill the vacant posts duly recommended by local representatives and cancelled such appointments---Authorities imposed major penalty of reduction of two stages in time scale but Service Tribunal converted the penalty to minor penalty of withholding of one increment for two years---Validity---MNAs/MPAs were not authorized under Punjab Civil Servants Act, 1974 and rules made thereunder to pass such like orders for appointment of Chowkidar or on any other post---Competent authority acted without lawful authority as it was a case of dictatorial misuse of powers and. not independent discharge of function as depicted from one of the official letters on record---Such misuse of powers under the dictate of public representatives was invalid---Supreme Court converted the petition for leave to appeal into appeal and passed by Service Tribunal as well the orders passed by Authorities were set aside---Appeal was allowed. Zahid Akhtar's case PLD 1995 SC 530; Ghulam Mohiuddin's case PLD 1964 SC 829; Amanullah Khan's case PLD 1990 SC 1092; Abaidullah's case 1993 SCMR 1195; Gardhandas Bhangi's case AIR 1952 SC 100; Oriun Paper Mills' case AIR 1970 SC 1498 and Scam Labour Union's case (1946) 2 All ER 201…

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