1990 SCMR1459 (PLP)
WAPDA, LAHORE and another‑‑‑Petitioners Versus ASHIQ HUSSAIN KHAN‑‑‑Respondent
| Citation | 1990 SCMR1459 (PLP) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid and Saad Saood Jan, JJ |
| Parties | WAPDA, LAHORE and another‑‑‑Petitioners Versus ASHIQ HUSSAIN KHAN‑‑‑Respondent |
| Primary Law | Service Tribunals Act (LXX of 1973).‑‑ |
Q1: What are the key laws and sections cited in 1990 SCMR1459 (PLP)?
This judgment primarily cites: Service Tribunals Act (LXX of 1973).‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 SCMR1459 (PLP)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 SCMR1459 (PLP) (WAPDA, LAHORE and another‑‑‑Petitioners Versus ASHIQ HUSSAIN KHAN‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Asif Saeed Khan Khosa, Advocate Supreme Court and Sh. Salahuddin, Advocate‑on‑Record for Petitioners.
- Nemo for Respondent.
- Date of hearing: 22nd May, 1989.
Headnotes / Summary
(From the judgment dated 21‑2‑1989 of the Federal Service Tribunal, in Appeal No. 244(L) of 1989). ‑‑‑‑S. 4‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Leave to appeal‑‑ Respondent employee, found guilty of misconduct, was removed from service on that ground by Authorities below‑‑‑Tribunal, however, despite upholding findings on question of misconduct, reduced penalty of removal from service to stoppage of increments of respondent employee‑‑‑Petitioner‑Authority contended that after upholding finding on question of misconduct, it was not open to Tribunal to interfere with penalty imposed by departmental authority on respondent‑‑ Contention needing examination‑‑‑Leave to appeal was granted.
Judgment & Decree
SAAD SAOOD JAN, J ‑‑‑The respondent was serving as stenographer in the office of the Secretary, Rent Assessment Board, under the petitioner authority. On charges, inter alia, of attending the office late and using filth language against the Secretary when placed under suspension, departmental proceedings were taken against him The Enquiry Officer found him guilty of misconduct and consequently after complying with the relevant rules, he was removed from service. He fled a departmental appeal which was dismissed. He filed a departmental appeal before the Federal Service Tribunal. The learned Tribunal upheld the findings of the departmental authorities that the respondent was guilty of misconduct but reduced the penalty of removal from service to stoppage of three increments. The petitioner‑authority seeks leave to appeal from the order of the learned Tribunal.
2. In support of this petition it is contended that after the learned Tribunal had upheld the finding on the question of misconduct, it was not open to it to interfere with the penalty imposed by the departmental authority on the respondent. This contention needs examination. Leave to appeal is granted. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any. The interim order already made on 17‑4‑1989 shall continue to remain in force during the pendency of the appeal. H.B.T./D‑55/S Leave granted.