2006 PLP 467 (SCMR)
MUHAMMAD TARIQ — Petitioner Versus DEPUTY COMMISSIONER, NAROWAL and others — Respondents
| Citation | 2006 PLP 467 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ |
| Parties | MUHAMMAD TARIQ — Petitioner Versus DEPUTY COMMISSIONER, NAROWAL and others — Respondents |
| Primary Law | Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 |
Q1: What are the key laws and sections cited in 2006 PLP 467 (SCMR)?
This judgment primarily cites: Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 467 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 467 (SCMR) (MUHAMMAD TARIQ — Petitioner Versus DEPUTY COMMISSIONER, NAROWAL and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Pervaiz Inayat Malik, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 18th November, 2005.
- 4. The learned Assistant Advocate-General, Punjab has approved the request of the petitioner.
- 5. We have heard the learned Advocate Supreme Court and the Assistant Advocate-General, Punjab. In the peculiar facts and circumstances of the case and the background in which the occurrence had taken place the case of reduction of extreme departmental penalty seems to have made out. Therefore, this petition is converted into appeal and is partly allowed. The penalty of dismissal from service of the petitioner as awarded by the departmental authorities and the Tribunal is converted into removal from service. The orders of the departmental authorities and the Tribunal shall also stand modified accordingly.
Headnotes / Summary
(On appeal from judgment, dated 12-6-2002 by the Punjab Service Tribunal, Lahore, in Appeal No.2632 of 2000).
Rr. 3(b) & 4(1)(iv)
Punjab Service Tribunals Act (IX of 1974), S.4
Constitution of Pakistan (1973), Art.212(3)--Dismissal from service
Conversion of petition for leave to appeal into appeal
Appeal of petitioner against his dismissal from service having been dismissed by Service Tribunal, he had challenged same in petition for leave to appeal before Supreme Court
Petitioner did not press his petition on merits, but had sought indulgence of Supreme Court for modification of extreme penalty of dismissal from service and its conversion into removal from service
In peculiar facts and circumstances of the case and the background in which alleged occurrence on basis of which petitioner was dismissed from service, had taken place, case of reduction of extreme departmental penalty of dismissal from service seemed to have made out
Petition was converted into appeal and was ,allowed
Penalty of dismissal from service awarded to petitioner was converted into removal from service
Impugned order was modified accordingly. Zubair Khalid, A.A.-G., Punjab (on Court's call).
Judgment & Decree
FAQIR MUHAMMAD KHOKHAR, J.
The petitioner seeks leave to appeal from judgment dated 12-6-2002, passed by the Punjab Service Tribunal, Lahore, in Appeal No.2632 of 2000.
2. The petitioner, a junior clerk, in the office of Deputy Commissioner, Narowal was dismissed from service by order, dated 16-7-1999. His appeal was also dismissed by the Commissioner, Gujranwala Division, on 17-11-1999 on charges of misconduct for causing injuries to his colleague and for refusing to relinquish the charge on his transfer.
3. The learned counsel for the petitioner does not press this petition on merits but seeks the indulgence of this Court for modification of extreme penalty of dismissal from service and its conversion into removal from service.
4. The learned Assistant Advocate-General, Punjab has approved the request of the petitioner.
5. We have heard the learned Advocate Supreme Court and the Assistant Advocate-General, Punjab. In the peculiar facts and circumstances of the case and the background in which the occurrence had taken place the case of reduction of extreme departmental penalty seems to have made out. Therefore, this petition is converted into appeal and is partly allowed. The penalty of dismissal from service of the petitioner as awarded by the departmental authorities and the Tribunal is converted into removal from service. The orders of the departmental authorities and the Tribunal shall also stand modified accordingly. H.B.T./M-11/SC????????????????????????????????????????????????????????????????????????????????? Order accordingly.