1989 PLP 1219 (SCMR)
MUHAMMAD SARWAR‑‑Petitioner Versus ASSISTANT COMMISSIONER/COLLECTOR, TEHSIL FEROZEWALA and 3 others‑‑Respondents
| Citation | 1989 PLP 1219 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Saad Saood Jan and Ali Hussain Qazilbash, JJ |
| Parties | MUHAMMAD SARWAR‑‑Petitioner Versus ASSISTANT COMMISSIONER/COLLECTOR, TEHSIL FEROZEWALA and 3 others‑‑Respondents |
| Primary Law | Punjab Civil Servants (Efficiency and Discipline) Rules, 1975‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1219 (SCMR)?
This judgment primarily cites: Punjab Civil Servants (Efficiency and Discipline) Rules, 1975‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1219 (SCMR)?
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: 1989 PLP 1219 (SCMR) (MUHAMMAD SARWAR‑‑Petitioner Versus ASSISTANT COMMISSIONER/COLLECTOR, TEHSIL FEROZEWALA and 3 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
(From the judgment of the Punjab Service Tribunal, Lahore, dated 26‑4‑1983, passed in Case No.193/1990 of 1982). ‑‑‑R.4‑‑Constitution of Pakistan (1973), Art.212(3)‑‑Civil servant‑‑Dismissal from service for misconduct‑‑Service Tribunal on appeal reinstated civil servant with direction that his absence from duty be treated as leave of the kind due‑‑Civil servant's contention that once he was reinstated into service, the Tribunal failed to exercise jurisdiction vested in it, by disallowing the petitioner other benefits, such as salary and seniority towards pension‑‑Leave was granted to determine the contentions raised on behalf of civil servant.
Judgment & Decree
ALI HUSSAIN QAZILBASH, J.‑‑‑This is a petition for leave to appeal against the order of the Punjab Service Tribunal, Lahore, dated 26‑4‑1983.
2. The petitioner, who is a Patwari, applied for one day's leave on 28‑2‑1976 which was granted to him the next day. While on leave he fell seriously ill and submitted an application for one month's leave from 2‑3‑1976 to 31‑3‑1976 and the application was supported by a medical certificate. The services of the petitioner were, however, terminated on 6‑3‑1976. On appeal, the Commissioner, Lahore Division, Lahore, set aside the order of termination of the petitioner's services and remanded the case to the Collector Ferozewala, for decision afresh, vide order dated 12‑7‑1976. The Collector after hearing the case again, vide his order dated 30‑6‑1979,inflicted major penalty upon the petitioner and dismissed him from service, his appeal was dismissed by the Commissioner on 8‑9‑1979 and his revision by the Member, Board of Revenue, on 27‑3‑1982. The petitioner then filed an appeal before the Service Tribunal which was accepted on 26‑4‑1983, ordering the reinstatement of the petitioner. The Tribunal further ordered that his absence from duty be treated on leave of the kind due.
3. We have heard the learned counsel for the petitioner. He vehemently submitted that once the petitioner was re‑instated into service, the Tribunal failed to exercise jurisdiction vested in it in disallowing the petitioner the other benefits, such as salary and seniority towards pension. We think the point raised by the learned counsel for the petitioner requires determination. Leave is, therefore, granted. Security for cash in the sum of Rs. 2,
000. The appeal shall be heard on the present record with permission to the parties to file additional documents, if, any. AA./M‑784/S Leave granted.