1990SCMR936 (PLP)
CIRCLE, MULTAN and others‑‑‑Petitioners Versus IRSHAD AHMAD CH. ‑‑‑Respondent
| Citation | 1990SCMR936 (PLP) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman and Saad Saood Jan, JJ |
| Parties | CIRCLE, MULTAN and others‑‑‑Petitioners Versus IRSHAD AHMAD CH. ‑‑‑Respondent |
| Primary Law | Punjab Service Tribunals Act (IX of 1974)‑‑‑ |
Q1: What are the key laws and sections cited in 1990SCMR936 (PLP)?
This judgment primarily cites: Punjab Service Tribunals Act (IX of 1974)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990SCMR936 (PLP)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990SCMR936 (PLP) (CIRCLE, MULTAN and others‑‑‑Petitioners Versus IRSHAD AHMAD CH. ‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Gulzar Ahmad Qureshi, Advocate Supreme Court and Rao Muhammad Yousuf Khan, Advocate‑on‑Record for Petitioners.
- Nemo for Respondent.
- Date of hearing: 29th July, 1989.
Headnotes / Summary
(Against the judgment and order dated 7‑4‑1987 of the Punjab Service Tribunal Lahore in Appeal No. 376/897 of 1986). ‑S. 4‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Leave to appeal was granted to consider questions: (1) that when office of Chairman was vacant, whether other members of Service Tribunal could not perform the functions of Tribunal? (2) whether it was open to Service Tribunal to partly accept an appeal after recording a finding that it was improperly constituted and for that reason not entertainable on account of non‑impleading of a necessary party? (3) whether an order of suspension was void if it did not incorporate a direction was not immediately followed by an order for the payment of subsisted allowance to the official? and (4) where suspension of an accused official was followed by reinstatement with a minor penalty like censure; whether it was not open to competent authority to direct that the period of suspension be treated as extraordinary leave without pay.
Judgment & Decree
Nemo for Respondent. Date of hearing: 29th July, 1989. SAAD SAOOD JAN, J.‑‑‑Leave to appeal is granted to consider the questions; namely:‑ (1) When the office of Chairman is vacant, if the other members of the Service Tribunal cannot perform the functions of the Tribunal? (2) Whether it is open to the Tribunal to partly accept an appeal after recording a finding that it is improperly constituted and for that reason not entertainable, on account of non‑impleading of a necessary party? (3) Whether an order of suspension is void if it does not incorporate a direction or is not immediately followed by an order for the payment of subsistence allowance to the accused official? (4) Where suspension of an accused official is followed by reinstatement with a minor penalty like censure it is not open to the competent authority td direct that the period of suspension be treated as extraordinary leave without pay? The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any. H.B.T./S‑467/S Leave granted.