1997SCMR1337 (PLP)
MUHAMMAD YAQOOB‑‑‑Petitioner Versus DISTRICT HEALTH OFFICER, MANSEHRA, N.‑W.F.P, and another‑‑‑Respondents
| Citation | 1997SCMR1337 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sajjad Ali Shah, C.J., Muhammad Munir Khan, Mamoon Kazi, Raja Afrasiab Khan and Muhammad Bashir Khan Jehangiri; JJ |
| Parties | MUHAMMAD YAQOOB‑‑‑Petitioner Versus DISTRICT HEALTH OFFICER, MANSEHRA, N.‑W.F.P, and another‑‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1997SCMR1337 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997SCMR1337 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sajjad Ali Shah, C.J., Muhammad Munir Khan, Mamoon Kazi, Raja Afrasiab Khan and Muhammad Bashir Khan Jehangiri; JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997SCMR1337 (PLP) (MUHAMMAD YAQOOB‑‑‑Petitioner Versus DISTRICT HEALTH OFFICER, MANSEHRA, N.‑W.F.P, and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shah Abdur Rashid, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 22nd February, 1995.
Headnotes / Summary
(On appeal from the judgment dated 31‑10‑1994 of the N.‑W.F.P. Service Tribunal in Appeal No. 177/93). ‑‑‑‑Art. 212(3)‑‑‑Termination of service on ground that civil servant had been convicted in a criminal offence of rape for two years‑‑‑Leave to appeal was granted to consider contentions that civil servant had been sentenced to imprisonment when he was hardly fourteen years of age and was not in service and such conviction had been recorded a long time ago; that if civil servant was to be got rid of from service, then proper enquiry should have been conducted; and the ground of conviction and sentence in distant past was not a good ground for termination of service.
Judgment & Decree
SAJJAD ALI SHAH, C.J.‑‑‑It is submitted by the learned counsel for the petitioner that the petitioner was issued letter of appointment on 27th February, 1987 as Chowkidar in the Office of the District Health Officer, Mansehra. He was on probation for one year and thereafter, was absorbed in service. Subsequently, his services were terminated on 21st December, 1992 on the ground that he was convicted in a criminal offence of rape and was sentenced by the Court to R.I. for two years. Learned counsel has submitted that this had happened a long time ago when the petitioner was hardly fourteen years old and was not in service. Further, if he had to be got rid of from service on the ground of misconduct, then proper enquiry should have been held and that ground of conviction and sentence in the distant past is not a good ground for termination of service. .
2. Leave is granted to examine the above contention. A.A./M‑3144/S Leave granted.