1998 PLP 552 (SCMR)
and others‑‑‑Petitioners Versus ANWAR SAEED, INSPECTOR POLICE and others‑‑‑Respondents
| Citation | 1998 PLP 552 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Hafeez Memon and Irshad Hasan Khan, JJ |
| Parties | and others‑‑‑Petitioners Versus ANWAR SAEED, INSPECTOR POLICE and others‑‑‑Respondents |
| Primary Law | Punjab Civil Servants Act (VIII of 1974)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 552 (SCMR)?
This judgment primarily cites: Punjab Civil Servants Act (VIII of 1974)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 552 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Hafeez Memon and Irshad Hasan Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 552 (SCMR) (and others‑‑‑Petitioners Versus ANWAR SAEED, INSPECTOR POLICE and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Anwar Ghuman, Advocate Supreme Court and Rao Muhammad Yusuf Khan, Advocate‑on‑Record for Petitioners.
- M.A. Zafar, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Respondents.
- Date of hearing: 22nd February, 1997.
Headnotes / Summary
(On appeal from the judgment/order, dated 28‑11‑1996, of the Punjab Service Tribunal, Lahore, passed in Appeal No.1332/94). ‑‑‑‑S.8‑‑‑Constitution of Pakistan (197'3), Art. 212(3)‑‑‑Denial of promotion to civil servant alongwith his batchmates‑‑‑Civil servant was not found entitled to promotion on account of inquiry pending against him‑‑‑Civil servant, even after exoneration from such inquiry, was not promoted‑‑‑Service Tribunal found that civil servant having been exonerated from inquiry and punishments standing against him being of minor nature, he could not be deprived of his seniority and promotion alongwith his batchmates‑‑‑Validity‑‑‑Judgment of Service Tribunal had been passed on relevant considerations and no question of law of public importance being involved therein, no interference was warranted‑‑‑Leave to appeal was refused in circumstances.
Judgment & Decree
ABDUL HAFEEZ MEMON, J.‑‑‑This petition is directed against the judgment, dated 28‑11‑1996, passed by the learned Punjab Service Tribunal, Lahore, allowing service appeal filed by respondent No.1. against denying him due seniority and promotions alongwith his batchmates appointed as A.S.Is. in the Punjab Police.
2. The respondent was appointed as A.S.I. in the Police Department along with others. Thereafter, his batchmates were confirmed as A.S.Is. from 1‑12‑1973, but the respondent was not confirmed with his batchmates and was confirmed w.e.f. 23‑7‑1979, and because of it he was also denied further promotions in the department alongwith his batchmates, on the, ground that there was an inquiry pending against him. It is not disputed by the learned counsel for the petitioner that the respondent was exonerated in the inquiry. He, however, contended that since the promotion of the respondent was withheld because of his failing to cross the efficiency bar he was not entitled to the seniority and promotion as claimed by him.
3. The Service Tribunal duly considered the very contentions raised by the learned counsel before us and found that as the respondent was exonerated in the inquiry and the said punishments were of minor nature, therefore, under the rules, he could not be deprived of his seniority and promotions alongwith, his batchmates and allowed the appeal with certain consequential directions. Hence, this petition by the Department.
4. We have gone through the judgment of the Tribunal, and we are of the view that the same has been passed by the Tribunal on relevant considerations, and no question of law of public importance is involved to call for interference by this Court. This petition is, therefore, dismissed and leave is refused. A.A./D‑129/S Leave refused.