2006 PLP 854 (SCMR)
MUHAMMAD TANVEER — Petitioner Versus CHIEF SECRETARY, GOVERNMENT OF PUNJAB and others — Respondents
| Citation | 2006 PLP 854 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Faqir Muhammad Khokhar and Ch. Ijaz Ammad, JJ |
| Parties | MUHAMMAD TANVEER — Petitioner Versus CHIEF SECRETARY, GOVERNMENT OF PUNJAB and others — Respondents |
| Primary Law | Punjab Service Tribunals Act (IX of 1974) |
Q1: What are the key laws and sections cited in 2006 PLP 854 (SCMR)?
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 2006 PLP 854 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Faqir Muhammad Khokhar and Ch. Ijaz Ammad, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 854 (SCMR) (MUHAMMAD TANVEER — Petitioner Versus CHIEF SECRETARY, GOVERNMENT OF PUNJAB and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Naim-ul-Hassan Sherazi, Advocate Supreme Court with Haji M. Rail Siddiqui, Advocate-on-Record for Petitioner.
- Zubair Khalid, A.A.-G., Punjab, Syed Riaz Hussain, Officer Incharge Cell Excise and Taxation Department, Lahore for Respondents.
- Date of hearing: 17th March, 2006.
Headnotes / Summary
(On appeal from the order, dated 27-12-2005 passed by Punjab Service Tribunal in Appeal No.2127 of 2005).
S.4
Penalty of reduction in pay scale by two stages
Failure to specify period of such penalty
Departmental authorities imposed penalty of reduction in pay scale by two stages on civil servant but no such period was specified
Effect
Supreme Court converted the petition for leave to appeal into appeal and set aside the judgment passed by Service Tribunal and case was remanded to the authorities to specify duration of period of penalty of such reduction in pay
Appeal was allowed.
Judgment & Decree
FAQIR MUHAMMAD KHOKHAR, J.
The petitioner MTC/Junior Clerk of the Excise and Taxation Department was proceeded against departmentally on certain charges. The respondent No.2 imposed on him a penalty of reduction in pay scale by two stages vide order, dated 13-1-2005. His departmental appeal was turned down by the Chief Secretary, Punjab, by order, dated 4-8-2005. Therefore, he filed Service Appeal No.2127 of 2005 which was dismissed by the impugned judgment, dated 27-12-2005 passed by the Punjab Service Tribunal, Lahore.
2. The learned counsel for the petitioner argued that the departmental authorities were required to specify a reasonable period for which penalty of reduction in pay by two stages was imposed.
3. The learned A.A.-G., on instructions from Syed Riaz Hussain, Officer in charge, Legal Cell, Excise and Taxation Department stated that the departmental authority was willing to rectify the omission and to specify the period of penalty of reduction of the petitioner by two stages in pay scale.
4. In this view of the matter, this petition is converted into an appeal and the same is allowed. The impugned judgment of the Tribunal as well as the orders, dated 13-1-2005 and 4-8-2005 passed by the A respondents are set aside. Consequently, the case is remitted to the Secretary to Government of Punjab, Excise and Taxation Department, Lahore who will specify duration period of the penalty of reduction in pay of the petitioner under intimation to the Assistant Registrar, Branch Registry, Lahore of this Court within two months. M.H./M-55/SC??????????????????????????????????????????????????????????????????????????????????? Appeal allowed.