2011 SCMR 1663 (PLP)
INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE and another — Petitioners Versus MUHAMMAD ZAMAN — Respondent
| Citation | 2011 SCMR 1663 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Khilji Arif Hussain and Mian Saqib Nisar, JJ |
| Parties | INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE and another — Petitioners Versus MUHAMMAD ZAMAN — Respondent |
| Primary Law | Punjab Service Tribunals Act (IX of 1974) |
Q1: What are the key laws and sections cited in 2011 SCMR 1663 (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 2011 SCMR 1663 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Khilji Arif Hussain and Mian Saqib Nisar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1663 (PLP) (INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE and another — Petitioners Versus MUHAMMAD ZAMAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahid Mobeen, Additional A.-G., M. Saleem, DSP (Legal) CCPO Office, Lahore and Naseer Ahmed, DSP (Legal) I.-G.P. Office for Petitioner.
- Date of hearing: 21st June, 2011.
Headnotes / Summary
(On appeal from the judgment dated 13-7-2010 of the Punjab Service Tribunal, Lahore passed in Appeal No. 1341 of 2009).
S. 4
Constitution of Pakistan, Art. 212(3)
Pro forma promotion after reinstatement in service, claim for
Dismissal from service for absence from duty for four (4) months and Fifteen (15) days--Reinstatement of appellant in service on compassionate grounds by competent authority while treating intervening period as leave without pay
Service Tribunal accepted appeal granting/such claim of appellant
Appellant had not placed on record any documentary proof to show that he remained absent due to sickness of his wife
Supreme Court set aside impugned judgment in circumstances. Ghulam Rasool and others v. Government of Balochistan and others PLD 2002 SC 381 rel. Respondent in person.
Judgment & Decree
KHILJI ARIF HUSSAIN, J.
The petitioners impugned the judgment of the Service Tribunal whereby, while accepting the appeal of the respondent, the order dated 9-2-2009 was set aside and' it was declared that the respondent is entitled for proforma promotion with effect from 9-4-1996 the date from which his juniors were promoted.
2. It is contended by the learned counsel for the petitioners that the respondent remained absent from duty for a period of four months and 15 days; that his first departmental appeal was dismissed and that he filed revision before the Inspector-General of Police, Punjab, which was accepted and the respondent was reinstated into service on compassionate 'grounds and as such the respondent is not entitled for pro forma promotion. To substantiate his contentions, he relied on the case of Ghulam Rasool and others v. Government of Balochistan and others (PLD 2002 SC 381).
3. We have taken into consideration arguments advanced by the learned counsel for the petitioners and heard the respondent who is present in person.
4. From perusal of the record, it appears that the respondent willfully absented himself from duty for a period of four months and fifteen days and no documentary proof has been placed on record that during this period he was absent due to sickness of his wife.
5. Having considered the matter from all angles in the light of material on file, since the respondent has been reinstated in service on compassionate ground by the Inspector-General of Police, Punjab and the intervening period was treated as leave without pay, the impugned judgment has been passed by the Tribunal without any cogent reasons, we convert this petition into appeal and allow the same. The impugned judgment dated 13-7-2010 of the Punjab Service Tribunal, Lahore is set aside. S.A.K./I-7/SC Appeal accepted.