1992 PLP (C (PLC(CS))
MOINUL ISLAM Versus INSPECTOR-GENERAL OF POLICE, SINDH and others
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Sindh |
| Bench Members | Munawar Ali Khan, Chairman, and Ghulam Mujaddid Isran, Member |
| Parties | MOINUL ISLAM Versus INSPECTOR-GENERAL OF POLICE, SINDH and others |
| Primary Law | (c) Sindh Service Tribunals Act (XV of 1973), (b) Sindh Service Tribunals Act (XV of 1973), (a) Sindh Service Tribunals Act (XV of 1973) |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (c) Sindh Service Tribunals Act (XV of 1973), (b) Sindh Service Tribunals Act (XV of 1973), (a) Sindh Service Tribunals Act (XV of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal Sindh bench comprising: Munawar Ali Khan, Chairman, and Ghulam Mujaddid Isran, Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (MOINUL ISLAM Versus INSPECTOR-GENERAL OF POLICE, SINDH and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Manzoor Ali Khan for Appellant.
- Date of hearing: 21st November, 1990.
Headnotes / Summary
S. 2(a)
Word "retired"
Word, "retired" used in S.2(a), Sindh Service Tribunals Act 1973, followed sequence in which words dismissed, discharged and removed which were penal in nature, had been mentioned in definition, thus it referred to penal retirement
Civil Servant's retirement on health grounds, not being of the penal category, he could not be deemed to be civil servant for reason of having retired from service
Civil servant seeking re-employment after his retirement, could not maintain appeal against Authority's refusal to re-employ him.
S.4
Resort to departmental remedy before approaching Service Tribunal in appeal, mandatory
Civil servant not resorting to departmental appeal Before filing appeal before Service Tribunal, had no right to maintain appeal before Service Tribunal.
S.4
Retirement of civil servant on ground of poor health
Civil servant seeking re-employment
Authority refusing to re-employ civil servant-- appeal
Word, "appointment" used in S.4, Sindh Service Tribunals Act 1974, would include are-appointment/re-employment
Civil servant's re-employment being involved in appeal, Service Tribunal's jurisdiction was barred to hear appeal in such matter. M.M. Aqil, Govt. Counsel for official Respondents.
Judgment & Decree
S. 2(a)
Word "retired"
Word, "retired" used in S.2(a), Sindh Service Tribunals Act 1973, followed sequence in which words dismissed, discharged and removed which were penal in nature, had been mentioned in definition, thus it referred to penal retirement
Civil Servant's retirement on health grounds, not being of the penal category, he could not be deemed to be civil servant for reason of having retired from service
Civil servant seeking re-employment after his retirement, could not maintain appeal against Authority's refusal to re-employ him. (b) Sindh Service Tribunals Act (XV of 1973)
S.4
Resort to departmental remedy before approaching Service Tribunal in appeal, mandatory
Civil servant not resorting to departmental appeal Before filing appeal before Service Tribunal, had no right to maintain appeal before Service Tribunal. (c) Sindh Service Tribunals Act (XV of 1973)
S.4
Retirement of civil servant on ground of poor health
Civil servant seeking re-employment
Authority refusing to re-employ civil servant-- appeal
Word, "appointment" used in S.4, Sindh Service Tribunals Act 1974, would include are-appointment/re-employment
Civil servant's re-employment being involved in appeal, Service Tribunal's jurisdiction was barred to hear appeal in such matter. Manzoor Ali Khan for Appellant. M.M. Aqil, Govt. Counsel for official Respondents. Date of hearing: 21st November, 1990.