1989SCMR616 (PLP)
MUHAMMAD SHARIF — Petitioner Versus ASSISTANT COMMISSIONER /COLLECTOR, GUJRANWALA
| Citation | 1989SCMR616 (PLP) |
| Forum / Court | High Court |
| Bench Members | Saad Saood Jan and Ali Hussain Qazilbash, JJ |
| Parties | MUHAMMAD SHARIF — Petitioner Versus ASSISTANT COMMISSIONER /COLLECTOR, GUJRANWALA |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1989SCMR616 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR616 (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: 1989SCMR616 (PLP) (MUHAMMAD SHARIF — Petitioner Versus ASSISTANT COMMISSIONER /COLLECTOR, GUJRANWALA). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Anwar Bhinder, Advocate Supreme Court and S.Wajid Hussain, Advocate-on-Record (absent) for Petitioner.
- Nemo for Respondents
- Date of hearing: 22nd November, 1988.
- Ch. Muhammad Anwar Bhinder, Advocate Supreme Court and S.Wajid Hussain, Advocate‑on‑Record (absent) for Petitioner.
Headnotes / Summary
(From the judgment of the Punjab Service Tribunal, dated 27-11-1985, passed in Case No.44/9/85).
Art.212(3)--Dismissal of civil servant--Petitioner a civil servant receiving certain amount from Lambardar as land revenue but not depositing same in time thus committing embezzlement--Leave to appeal was refused as there was consistent evidence against the petitioner of having embezzled the land revenue and for that reason order dispensing with his services was unexceptionable.
Judgment & Decree
‑‑‑Art.212(3)‑‑Dismissal of civil servant‑‑Petitioner a civil servant receiving certain amount from Lambardar as land revenue but not depositing same in time thus committing embezzlement‑‑Leave to appeal was refused as there was consistent evidence against the petitioner of having embezzled the land revenue and for that reason order dispensing with his services was unexceptionable. Ch. Muhammad Anwar Bhinder, Advocate Supreme Court and S.Wajid Hussain, Advocate‑on‑Record (absent) for Petitioner. Nemo for Respondents Date of hearing: 22nd November, 1988. ALI HUSSAIN QAZILBASH, J.‑‑This is a petition for leave to appeal against the order of the Punjab Service Tribunal, dated 27‑11‑1985.
2. The petitioner was posted as Patwari , Circle Hardo‑Deori , Tehsil Gujranwala. He obtained certain amounts from the Lambardar of village Dandian but he did not deposit the same in the treasury. On the complaint of the Lambardar, a preliminary enquiry was conducted by the Tehsildar . The petitioner did not turn up to defend himself and'thus he was placed under suspension. The Collector then charge‑sheeted him and a Magistrate was appointed as an Enquiry Officer. The Magistrate after recording necessary evidence, exonerated the petitioner. The Collector, however, did not agree and another enquiry was ordered to be held against the petitioner and it was entrusted to Mehr Akbar Ali, Magistrate 1st Class, but the said officer was transferred and the enquiry eras handed over to the City Magistrate. He held the petitioner guilty of charges and the Collector after hearing the petitioner dismissed him from service on 17‑6 1984. The appeal of the petitioner was dismissed by the Commissioner, Gujranwala, on 23‑12‑1984, and that by the Tribunal on 27‑11‑1985.
3. The learned counsel for the petitioner has been heard and the record has been perused. There is consistent evidence against the petitioner that he had received certain amount from the Lambardar as land revenue but he did not deposit the same in time and thus was guilty of embezzlement. The authority was, therefore, right in dispensing with his services. The petition has no merit and is dismissed.