1992 PLP (C (PLC(CS))
NOOR ELAHI KHAN Versus SECRETARY TO GOVERNMENT OF THE PUNJAB
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Punjab |
| Bench Members | Muhammad Mahmud Aslam Pirzada, Chairman |
| Parties | NOOR ELAHI KHAN Versus SECRETARY TO GOVERNMENT OF THE PUNJAB |
| Primary Law | Punjab Service Tribunals Act (IX of 1974) |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
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 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal Punjab bench comprising: Muhammad Mahmud Aslam Pirzada, Chairman.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (NOOR ELAHI KHAN Versus SECRETARY TO GOVERNMENT OF THE PUNJAB). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shaukat Hussain Baluch for Appellant.
- A.G. Humayun, District Attorney for Respondents.
- Date of hearing: 31st August, 1989.
Headnotes / Summary
S.4
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, Rr.4 & 5
Appellant, a lecturer in Provincial Education Department, was selected an English Teacher for Algeria by Federal Ministry of Education
Appellant applied for "No Objection Certificate" to his deputation to Government of the Province, Education Department
Appellant was asked to join duty in Algeria on or before a specified date
Appellant's application for "No Objection Certificate" was under process when he was ordered telephonically by Federal Government to join duty before the specified date
Appellant was - accordingly relieved by his immediate superior i.e. Principal of the College and he left for Algeria assuming that his deputation would be sanctioned
Appellant, on return after two years when reported back for- duty, proceedings were initiated against him for wilful absence from duty-- Appellant was ultimately awarded punishment of stoppage of increments for two years
Department failed to initiate disciplinary proceedings against appellant till he reported for duty and as soon as he reported they started proceedings against him
Held, such action was not only illegal but undesirable and gave rise to many corrupt practices
Department had bounden duty to initiate proceedings against appellant the moment he absented himself from duty
Record showed that although appellant did not wait for sanction of his leave and proceeded abroad yet department had not performed their duty in a justified manner which paved way in favour of appellant
Penalty of censure was awarded to appellant instead of stoppage of increments for two years.
Judgment & Decree
EDUCATION DEPARTMENT and another Appeal No.504/442 of 1987, decided on 24th September, 1989.
S.4
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, Rr.4 & 5
Appellant, a lecturer in Provincial Education Department, was selected an English Teacher for Algeria by Federal Ministry of Education
Appellant applied for "No Objection Certificate" to his deputation to Government of the Province, Education Department
Appellant was asked to join duty in Algeria on or before a specified date
Appellant's application for "No Objection Certificate" was under process when he was ordered telephonically by Federal Government to join duty before the specified date
Appellant was - accordingly relieved by his immediate superior i.e. Principal of the College and he left for Algeria assuming that his deputation would be sanctioned
Appellant, on return after two years when reported back for- duty, proceedings were initiated against him for wilful absence from duty-- Appellant was ultimately awarded punishment of stoppage of increments for two years
Department failed to initiate disciplinary proceedings against appellant till he reported for duty and as soon as he reported they started proceedings against him
Held, such action was not only illegal but undesirable and gave rise to many corrupt practices
Department had bounden duty to initiate proceedings against appellant the moment he absented himself from duty
Record showed that although appellant did not wait for sanction of his leave and proceeded abroad yet department had not performed their duty in a justified manner which paved way in favour of appellant
Penalty of censure was awarded to appellant instead of stoppage of increments for two years. Shaukat Hussain Baluch for Appellant. A.G. Humayun, District Attorney for Respondents. Date of hearing: 31st August, 1989.