1989SCMR928 (PLP)
ABDUR REHMAN BABAR — Petitioner Versus N.-W.F.P. through the Chief Secretary, Government of N.-W.F.P. — Respondent
| Citation | 1989SCMR928 (PLP) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Ali Hussain Qazilbash, JJ |
| Parties | ABDUR REHMAN BABAR — Petitioner Versus N.-W.F.P. through the Chief Secretary, Government of N.-W.F.P. — Respondent |
| Primary Law | North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973 |
Q1: What are the key laws and sections cited in 1989SCMR928 (PLP)?
This judgment primarily cites: North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR928 (PLP)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR928 (PLP) (ABDUR REHMAN BABAR — Petitioner Versus N.-W.F.P. through the Chief Secretary, Government of N.-W.F.P. — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Atiq-ur-Rchman Qazi, Advocate Supreme Court and Manzoor Elahi, Advocate-on-Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 8th February, 1989.
- Atiq‑ur‑Rchman Qazi, Advocate Supreme Court and Manzoor Elahi, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment dated 24-2-1988 of the N.-W.F.P. Service Tribunal in Service Appeal No. 27 of 1987).
Rr. 5 & 6--Constitution of Pakistan (1973), Art. 212(3)--Dismissal from service for misconduct--Petitioner's appeal before Service Tribunal failed--Leave to appeal was granted, as no attention was paid by Service Tribunal, to circumstance that several other persons who were guilty of similar defaults were imposed minor penalties and that punishment imposed upon petitioner was out of all proportion with the alleged misconduct committed.
Judgment & Decree
NASIM HASAN SHAH, J.‑‑The charge against the petitioner was that "while serving as Tehsildar, Abbottahad, during 1979 (he) attested Mutation Nos 9415, 9416 and 9417 respect of the land situated in village Sheikh‑ul‑Bandi about which Notification under section 4 of the Land Acquisition Act, 1894, was already issued and announcement of final award made on 14‑12‑1978 i.e. in clear violation of revenue laws". After departmental proceedings the petitioner was compulsorily retired from service. His appeal to the Service Tribunal having failed he has moved this Court seeking leave to appeal. The plea of the petitioner before the Service Tribunal mainly was that he being newly posted in the locality was not, in fact, aware of the award made by the Land Acquisition Collector and that he had attested the mutations in routine. This plea, however, did not find favour with the Service Tribunal on the ground that the petitioner being the incharge of the Tehsil Office was supposed to know the acquisition of the area under reference and more particularly so when he was the Revenue Officer of the Circle in question. However, no attention was given by the Service Tribunal to the circumstance that several other persons who were guilty of similar defaults were imposed minor penalties and that the punishment imposed upon the petitioner was out of all proportion with the misconduct committed, if any. This aspect of the case requires further consideration.‑Leave granted. The appeal shall be made ready on the present record, with liberty to the parties to add further documents, if any and put up for hearing at a very early date. AA./A‑431/S Leave to appeal granted.