1986 PLP 1707 (SCMR)
TAJ MUHAMMAD CHAUDHRY — Petitioner Versus THE GENERAL MANAGER, PAKISTAN RAILWAYS and others — Respondents
| Citation | 1986 PLP 1707 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and S.A. Nusrat, JJ |
| Parties | TAJ MUHAMMAD CHAUDHRY — Petitioner Versus THE GENERAL MANAGER, PAKISTAN RAILWAYS and others — Respondents |
| Primary Law | (b) Constitution of Pakistan (1973), (a) Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1986 PLP 1707 (SCMR)?
This judgment primarily cites: (b) Constitution of Pakistan (1973), (a) Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 PLP 1707 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and S.A. Nusrat, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 1707 (SCMR) (TAJ MUHAMMAD CHAUDHRY — Petitioner Versus THE GENERAL MANAGER, PAKISTAN RAILWAYS and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Asghar Khadim, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 11th November, 1985.
- Asghar Khadim, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment, dated 4-11-1984 of the Federal Service Tribunal, Islamabad in Appeal No. 197(R) of 1984 (112(L) of 1984). --Art. 212(3)--Service Tribunals Act (LXXI of 1973), S.4--Removal from service--Order of dismissal of petitioner from service, was converted by Service Tribunal into removal from service--Such order not suffering from any illegality--Leave to appeal refused.
Art. 212(3)--Service Tribunals Act (LXXI of 1973), S.4--Removal from service--Petitioner's dismissal from service converted into removal from service by Service Tribunal--Department ordered to allow him service benefits to which petitioner might be entitled to.
Judgment & Decree
Asghar Khadim, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 11th November, 1985. NASIM HASAN SHAH, J.‑‑The petitioner, who was serving as Sub‑Inspector, Circle In charge 'B', Loco Shed, Lahore, was dismissed from service. The appeal filed by him before the Federal Service Tribunal failed except for converting the order of dismissal into one of removal from service. Hence, he has now approached this Court for leave to appeal. The charges on which the petitioner has ultimately been removed from service were:‑‑ (1) That he disobeyed the order of the S. R.P. , Lahore to attend a meeting convened by the latter on 10‑2‑1983. (2) That the manoeuvred to make wrong/false entry in the Roznamcha of the Track Supply Depot, Raiwind and subsequently, removed the same from the Roznamcha. These do not appear to be the real cause for his removal. To us it appears that as the petitioner had an exaggerated notion of his own honesty, uprightness and rectitude and was making a nuisance himself in the department, the department being fed up of this "odd ball" got rid him when it got a chance. However, as the order of his dismissal, which was reduced to removal by the Federal Service Tribunal, does not suffer from any illegality and is not infirm on the legal plane, no case for interference by this Court is made out. The learned counsel for the petitioner has stated that the petitioner is being denied certain service benefits to which he is entitled. Since he has only been removed from service and not dismissed, the department should, in case this plea is correct, allow him all the service benefits to which he is entitled. This petition, with these observations, is dismissed. M . Y . H .?????????????????????????????????????????????????????????????????????????????? ??????????? Petition dismissed.