1988 PLP 1682 (SCMR)
Government of Punjab and 2 others — Petitioners Versus MUHAMMAD AZAM KHAN, A.S. I. — Respondent
| Citation | 1988 PLP 1682 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid Mirza and Saad Saood Jan, JJ |
| Parties | Government of Punjab and 2 others — Petitioners Versus MUHAMMAD AZAM KHAN, A.S. I. — Respondent |
| Primary Law | Punjab Civil Servants Act (VIII of 1974) |
Q1: What are the key laws and sections cited in 1988 PLP 1682 (SCMR)?
This judgment primarily cites: Punjab Civil Servants Act (VIII of 1974) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 1682 (SCMR)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid Mirza and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1682 (SCMR) (Government of Punjab and 2 others — Petitioners Versus MUHAMMAD AZAM KHAN, A.S. I. — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khalil Ramdey, Advocate-General, Punjab and Muhammad Abdullah Bajwa, Advocate Supreme Court with Ejaz Ahmad Khan, Advocate-on-Record for Petitioners.
- Rana M.A.Qadri, Advocate-on-Record for Respondent.
- Date of hearing: 5th July, 1988.
- Khalil Ramdey, Advocate‑General, Punjab and Muhammad Abdullah Bajwa, Advocate Supreme Court with Ejaz Ahmad Khan, Advocate‑on‑Record for Petitioners.
- Rana M.A.Qadri, Advocate‑on‑Record for Respondent.
Headnotes / Summary
(From the order dated 10-12-1980 of the Punjab Service Tribunal in Appeal No.387/298 of 1978).
S.10--Constitution of Pakistan (1973), Art. 212(3)--Termination of service--Temporary employee--Service Tribunal set aside order of termination and directed his reinstatement on ground that his services were terminated by incompetent authority--Leave to appeal granted to examine plea that impugned order was passed by same authority which had appointed him and Tribunal was not right in holding that order of termination of services was passed by an incompetent authority.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑By an order dated 19‑5‑1977 the respondent was appointed as Assistant Sub‑Inspector of Police in Multan Range on temporary basis. His services were terminated by an order dated 4‑9‑1977. After departmental representations which remained unsuccessful he filed an appeal before the Punjab Service Tribunal. The learned Tribunal accepted the appeal and directed his reinstatement on the ground that his services had been terminated by an incompetent authority.
2. In support of this petition it is contended that the appointing authority of the petitioner was the Senior Superintendent of Police who had also issued him the letter of appointment. The order of termination of his services was also made by the Senior Superintendent of Police. In the circumstances, the Tribunal was not right in hold in that the order of termination of services was passed by an incompetent authority .
3. The contention raised in support of this petition needs examination. Leave to appeal is granted. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any, within two months. The appeal may be fixed for hearing before the close of the present year. M.I./P‑49/S Leave granted.