| Citation(s) |
|---|
| 2007 SLG 1507 2007 SLD 1507 2007 SCMR 1860 2008 PLJ 65 |
Supreme Court of Pakistan
Civil Appeal No.2206 of 2006, decision dated: 30-05-2007. (On appeal from the judgment, dated 26-7-2006 in Appeal No.480 of 2005 passed by Punjab Service Tribunal, Lahore)
JAVED IQBAL, ACTG. C.J. AND SARDAR MUHAMMAD RAZA KHAN, J
Ms. Afshan Ghazanfar, A.A.G. for Appellants. G.N. Gauhar, Advocate Supreme Court/Advocate-on-Record for
Respondent
Civil Appeal No.2206 of 2006, decision dated: 30-05-2007. (On appeal from the judgment, dated 26-7-2006 in Appeal No.480 of 2005 passed by Punjab Service Tribunal, Lahore)
JAVED IQBAL, ACTG. C.J. AND SARDAR MUHAMMAD RAZA KHAN, J
Ms. Afshan Ghazanfar, A.A.G. for Appellants. G.N. Gauhar, Advocate Supreme Court/Advocate-on-Record for
Respondent
EXECUTIVE ENGINEER, QADIRABAD BARRAGE DIVISION QADIRABAD and others
VS
EJAZ AHMAD
Law:
Section:
(a) Punjab Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----S. 3---Constitution of Pakistan (1973), Art.212 (3)---Leave to appeal was granted by Supreme Court to consider; whether Service Tribunal misdirected itself in reinstating civil servant in service after it had found that he did not carry out repair work and had been absent from duty and was rude to his superiors. (b) Punjab Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----S. 3---Reinstatement in service---Principles of natural justice---Applicability---Show-cause notice, non-issuance of---Effect---Disciplinary proceedings were initiated under Punjab Removal from Service (Special Powers) Ordinance, 2000, but no show-cause notice was issued to civil servant and he was dismissed from service---Service Tribunal allowed the appeal of civil servant and reinstated him in service---Validity---By not giving show-cause notice to civil servant as envisaged under S.3 (2) of Removal from Service (Special Powers) Ordinance, 2000, fair opportunity of hearing was not afforded to hint to defend his case properly---Such was a flagrant violation of the provisions of Removal from Service (Special Powers) Ordinance, 2000, and principles of natural justice and was sufficient to vitiate the entire proceedings---When such grave illegality was committed by department, Service Tribunal had rightly found that authorities might initiate fresh action against civil servant---Prescribed procedure which was mandatory in nature must be followed and it could not be flouted on the pretext that alleged charges against government employee were serious in nature---Supreme Court declined to interfere with judgment passed by Service Tribunal---Leave to appeal was refused. JUDGMENT JAVED IQBAL, ACTG. C.J.--- Pursuant to disciplinary action initiated on account of inefficiency and misconduct, the -Respondent was dismissed from service but reinstated by the learned Punjab Service Tribunal by means of judgment impugned, hence this appeal. 2. Leave to appeal was granted vide order, dated 17-11-2006 which is reproduced hereinbelow for ready reference:-- "Ch. Aamir Rehman, Additional Advocate-General, Punjab…
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