1990 PLP 1469 (SCMR)
Munshi BARKAT ALI, PATWARI‑‑‑Petitioner Versus PUNJAB SERVICE TRIBUNAL, LAHORE and others‑‑‑Respondents
| Citation | 1990 PLP 1469 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman and Saad Saood Jan, JJ |
| Parties | Munshi BARKAT ALI, PATWARI‑‑‑Petitioner Versus PUNJAB SERVICE TRIBUNAL, LAHORE and others‑‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 1469 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 1469 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 1469 (SCMR) (Munshi BARKAT ALI, PATWARI‑‑‑Petitioner Versus PUNJAB SERVICE TRIBUNAL, LAHORE and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 30th July, 1989.
Headnotes / Summary
(From the order dated 11‑6‑1987 of the Punjab Service, Tribunal, Lahore in case No. 858 of 1980). ‑‑‑Art. 212(3)‑‑Leave to appeal‑‑Petitioner challenged order of his dismissal from service contending that same was illegal inasmuch as no formal inquiry was held during course of departmental proceedings‑‑No merit in the contention was found as statement made by petitioner in preliminary, inquiry before Naib Tehsildar was available on record in which he undertook to deposit disputed amount, but omitted to do so according to undertaking‑‑Sufficient basis existed with Assistant Commissioner to dispense with a formal inquiry, appeal of petitioner against dismissal order concurrently passed by Authorities below was rightly upheld by Tribunal‑‑Leave to appeal was refused.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑‑The petitioner was a Patwari serving in villages Lao and Sabhaga of Tehsil Jhang. There was an allegation against him that he had made certain recoveries of Government dues but had failed to deposit them in the treasury. The Naib‑Tehsildar held a preliminary inquiry and recorded the statement of the petitioner. Before the Naib‑Tehsildar the petitioner undertook to deposit the amounts by 20‑12‑1979. He failed to abide by his undertaking. However, he did make the deposit sometime in the first week of March, 1980. His omission to deposit the amounts in the treasury soon after their recovery was treated as temporary embezzlement and he was served with a show cause notice. His explanation was found unsatisfactory and he was dismissed from service by the Assistant Commissioner. He filed an appeal before the Commissioner which was dismissed. He filed a revision petition before the Board of Revenue but it failed on the ground of limitation. He then preferred an appeal before the Punjab Service Tribunal. The learned Tribunal dismissed the appeal. He now seeks leave to appeal from this Court.
2. In support of this petition it is contended that the order of his dismissal from service was illegal inasmuch as no formal inquiry was held during the course of the departmental proceedings. There is no merit in this contention. The statement of the petitioner before the Naib‑Tehsildar was available on the record in which he had undertaken to deposit the amounts. The very fact that he had not done so prior to appearing before the Naib‑Tehsildar is evidence of the fact that he had kept the amounts with him. Further he undertook to deposit the amounts upto 20‑12‑1979 but omitted to do so for about another 3 months. In the circumstances, there was sufficient basis with the Assistant Commissioner to dispense with a formal inquiry. Leave is refused. H.B.T./B‑137/S Leave refused.