Case Details

Citation(s)
2008 SLG 1802 2008 SLD 1802 2008 SCMR 1241
Supreme Court of Pakistan
C.As. Nos.1699 and 1700 of 2003 and C.Ps. Nos.1193-L to 1197-L of 2003, decision dated: 7-02-2007
RANA BHAGWANDAS, NASIR-UL-MULK AND SYED, JAMSHED ALI, JJ
Abdul Wahid Chaudhry, Advocate Supreme Court for Appellant (in C.A. No. 1699 of 2003).Farooq Zaman Qureshi, Advocate Supreme Court and Ch. M. Hussain, Addl. A.G. Punjab for
Respondents (in C.A. No. 1699 of 2003).Farooq Zaman Qureshi, Advocate Supreme Cour

NOOR MUHAMMAD KHAN

VS

REGISTRAR, LAHORE HIGH COURT and another

Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)---Ss. 3 & 10---Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991), S.5---Constitution of Pakistan (1973), Art.212(3)---Imposition of penalty of dismissal from service---Conversion of penalty to compulsory retirement from service---Appellant against whom disciplinary proceedings were taken on ground of certain acts of misconduct and adverse remarks in his Annual Confidential Report, was dismissed from service--Inquiry was conducted against appellant and Inquiry Officer affirmed certain charges levelled against him---Competent Authority ordered dismissal of appellant from service and on filing appeal against of the competent Authority, Service Tribunal altered penalty of dismissal from service into compulsory retirement from service---Validity---Questions involved in the appeal did not raise any substantial question of law of public importance, within the purview of the expression employed in Art.212 of the Constitution---Service Tribunal did not find any adequate and concrete evidence for holding appellant guilty of corruption, but found him guilty of judicial impropriety, lack of mannerism, indiscipline and being a tactless Judicial Officer---Findings of fact did not appear to suffer from any legal infirmity or misreading of record---Service Tribunal was fully authorized and empowered to confirm, modify, vary and revise the quantum of punishment, which power was rightly exercised by the Tribunal---No substantial question of law of public importance and no ground for interference with the exercise of jurisdiction, having been made out, both appeals were dismissed by the Supreme Court. JUDGMENT RANA BHAGWANDAS, J.-- Both the appeals directed against single judgment of the Punjab Subordinate Judiciary Service Tribunal, Lahore with the leave of this Court relate to the disciplinary proceedings against the appellant/Civil Judge First Class. By the impugned judgment, learned Members of the Tribunal have altered the punishment of dismissal of appellant from service to compulsory retirement from service. 2. The appellant, while serving as Civil Judge First Class in Mandi Baha-ud-Din and…
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