1989SCMR707 (PLP)
SABIR HUSSAIN — Petitioner Versus CONSERVATOR OF FORESTS and another — Respondents
| Citation | 1989SCMR707 (PLP) |
| Forum / Court | High Court |
| Bench Members | Saad Saood Jan and Ali Hussain Qazilbash, JJ |
| Parties | SABIR HUSSAIN — Petitioner Versus CONSERVATOR OF FORESTS and another — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1989SCMR707 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR707 (PLP)?
The case was heard and decided by the High Court bench comprising: Saad Saood Jan and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR707 (PLP) (SABIR HUSSAIN — Petitioner Versus CONSERVATOR OF FORESTS and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Shaukat Ali, Advocate Supreme Court and Sh. Salah-ud-Din, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 20th November, 1988.
- Sh. Shaukat Ali, Advocate Supreme Court and Sh. Salah‑ud‑Din, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(From the judgment of the Punjab Service Tribunal, dated 16-8-1984, passed in Case No.125/576 of 1984).
Art.212(3)--Dismissal from service without enquiry--Petitioner's plea that entire proceeding against him which culminated in his dismissal from service was illegal and void because officer concerned nourished grudge against him and further that no enquiry as required under the law was conducted and that Appellate Authority could not act as enquiry officer and as such disposal of his departmental appeal by such Authority was bad in law, required further consideration--Leave to appeal was granted to consider the points raised.
Judgment & Decree
ALI HUSSAIN QAZILBASH, J.‑‑This is a petition for leave to appeal against the order of the Punjab Service Tribunal, dated 16‑8‑1984.
2. The petitioner was working as Block Officer at Tilla, District Jhelum. His relations with the Divisional Forest Officer, Jhelum, became extremely strained, as a result of which on 23‑5‑1983 the petitioner received some beatings at the hand of respondent No.2 which compelled the petitioner to file an F.I.R. on 24‑5‑1983 under section 325/378/147, P.P.C: The matter was brought to the notice of the high‑ups and the Government ordered enquiry against respondent No.2. The case was still pending when the petitioner was served with a show -cause notice on 26‑5‑1983, which was replied to and it was stated therein that the whole proceeding against the petitioner was as a result of animosity and that the authority or the authorised officer should not proceed in the case. Respondent No. 2 did not agree with the reply and issued another notice to the petitioner on 4‑9‑1983 levelling various allegations against the petitioner. This notice was also replied to but respondent No.2 without holding any enquiry dismissed the petitioner from service on 14‑9‑1983. The appeal of the petitioner before respondent No. 1 was dismissed on 1‑3‑1984 and before the Tribunal on 16‑8‑1984.
3. We have heard the learned counsel for the petitioner. He, inter alia, submitted that the entire proceeding against the petitioner, which culminated in his dismissal from service, was illegal and void because respondent No.2 nourished a grudge against the petitioner and further that no enquiry as required under the law was conducted in this case. He further submitted that respondent No.l acting as appellate authority could not act as an enquiry officer in this case "A and thus the dismissal of his appeal by respondent No.l was bad in law.
4. After hearing the learned counsel for the petitioner we think this case needs further consideration. We, therefore, grant leave in the matter. Security Rs.2,
000. The appeal shall be heard on the present record with permission to the parties to rile additional documents, if any. A.A./S‑228/S Leave to appeal granted.