2003 PLP 1718 (SCMR)
BASHARAT ALI — Petitioner Versus GOVERNMENT OF THE PUNJAB and others — Respondents
| Citation | 2003 PLP 1718 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Munir A. Sheikh and Faqir Muhammad Khokhar, JJ |
| Parties | BASHARAT ALI — Petitioner Versus GOVERNMENT OF THE PUNJAB and others — Respondents |
| Primary Law | Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 |
Q1: What are the key laws and sections cited in 2003 PLP 1718 (SCMR)?
This judgment primarily cites: Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 1718 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munir A. Sheikh and Faqir Muhammad Khokhar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 1718 (SCMR) (BASHARAT ALI — Petitioner Versus GOVERNMENT OF THE PUNJAB and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Per vaiz Inayat Malik,, Advocate Supreme Court and. Tanvir Ahmed, Advocate-on-Record for Petitioner.
- Shabbar Raza Rizvi, Advocate-General, Punjab with Hasan Nawaz Tarrar, Special Secretary (Schools), Education Department for Respondents.
- Date of hearing: 16th April, 2003.
- 3. Learned Advocate-General, Punjab was issued notice to assist the Court. Special Secretary, Education (Schools) was also summoned who is present.
- 4. Both learned Advocate-General and Special Secretary, Education (Schools) say that at the relevant time and even now, in respect of officers up to Grade-17, the Education Secretary who is Head of the A Department is the competent authority to pass order, therefore. they have no objection if the case is remanded for further proceedings from the stage, when on 24-8-1999, order was passed by the Special Secretary, Education (Schools) to be dealt with by the competent authority.
Headnotes / Summary
(On appeal from the judgment of Punjab Service Tribunal, Lahore, dated 26-11-2001 passed in Appeal No. 3539 of 2000).
R. 4
Punjab Service Tribunals Act (IX of 1974), S.4
Constitution of Pakistan (1973), Art.212(3)
Imposition of penalty on Officer in Grade-17 by Special Secretary Education (Schools)
Review petition before Secretary, Education Department and appeal before Service Tribunal filed against such order were dismissed
Secretary, Education Department being head of the Department was Competent Authority to pass 'such order in respect of officers up to Grade-17-- Supreme Court set aside impugned orders and remanded case for further proceedings by Competent Authority in accordance with law.
Judgment & Decree
MUNIR A. SHEIKH, J.
This petition is directed against the judgment dated 26-11-2001 of the Punjab Service Tribunal through which appeal filed by the petitioner against the order of Departmental Authority has been dismissed.
2. Disciplinary proceedings were initiated against the petitioner at the conclusion of which on 24-8-1999, the Special Secretary, Education (Schools) imposed penalty against him. He filed departmental appeal before the Chief Secretary, which was held to be not maintainable, therefore, he filed review petition which was dismissed by the Secretary Education. The petitioner filed appeal before the Service Tribunal challenging the said order of the Departmental Authority, inter alia, on the ground that original order of imposition of penalty passed by the Special Secretary Education (Schools) was without lawful authority for he being a civil servant in Grade-17, Secretary Education was competent authority to pass the order and even if his review petition was placed before the said Secretary who dismissed the same, it will not in any manner remove the legal lacuna as the original order by Special Secretary, Education (Schools) was without lawful authority.
3. Learned Advocate-General, Punjab was issued notice to assist the Court. Special Secretary, Education (Schools) was also summoned who is present.
4. Both learned Advocate-General and Special Secretary, Education (Schools) say that at the relevant time and even now, in respect of officers up to Grade-17, the Education Secretary who is Head of the A Department is the competent authority to pass order, therefore. they have no objection if the case is remanded for further proceedings from the stage, when on 24-8-1999, order was passed by the Special Secretary, Education (Schools) to be dealt with by the competent authority.
5. For the foregoing reasons, this petition is converted into appeal, judgment dated 26-11-2001 of the Punjab Service Tribunal alongwith the order dated 24-8-1999 of the Special Secretary, Education (Schools) of imposition of penalty on petitioner and order dated 2-1-2001 of respondent No. 1 dismissing his review petition are set aside and the case is remanded to the department concerned for further proceedings by the competent authority in accordance with law. No orders as to costs S.A.K./B-97/S Case remanded