1992 PLP (C (PLC(CS))
MUHAMMAD ASHRAF Versus ASSISTANT COMMISSIONER/COLLECTOR, TEHSIL NANKANA
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Punjab |
| Bench Members | Abdul Hamid Khan, Member |
| Parties | MUHAMMAD ASHRAF Versus ASSISTANT COMMISSIONER/COLLECTOR, TEHSIL NANKANA |
| Primary Law | Civil service |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: Civil service 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 Punjab bench comprising: Abdul Hamid Khan, 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)) (MUHAMMAD ASHRAF Versus ASSISTANT COMMISSIONER/COLLECTOR, TEHSIL NANKANA). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Bashir Ahmed for Appellant.
- Ch. Manzoor Hussain, D.A. for Respondent.
- Date of hearing: 21st November, 1990.
Headnotes / Summary
Civil servant was proceeded against departmentally and consequently was dismissed from service on allegations of inefficiency and deliberately avoiding official duty and absence from duty-- Allegations of inefficiency and deliberately avoiding official duty, had not been proved against civil servant as predecessor of civil servant had clearly deposed before enquiry officer that civil servant had completed work which was entrusted to him before proceeding of leave
Fact that civil servant remained ill during period of his alleged unauthorised absence, was not disputed
Even enquiry officer had stated in his finding that after a detailed examination of record he reached the conclusion that civil servant had really remained ill, during that period
Civil servant had furnished proper medical certificates from authorised medical attendant in support of his applications for leave-- Such medical certificates, could not be rejected out of hand without first obtaining a second opinion from a Medical Board or from Medical Superintendent of a Civil Hospital
Authority not only failed to adopt that procedure, but also did not inform civil servant that leave applied for by him had been rejected
Civil servant admittedly was neither supplied a copy of enquiry report nor served with a show-cause notice before penalty of dismissal was imposed on him
Such material omission on part of Authority had seriously prejudiced civil servant in his defence and had vitiated proceedings-- Order dismissing civil servant otherwise based on erroneous assumption thus could not sustain
Order of Authority was set aside and civil servant was reinstated with all back benefits.
Judgment & Decree
SAHIB, DISTRICT SHEIKHUPURA and 2 others Appeal No. 302/912 of 1988, decided on 20th January, 1991.
Civil servant was proceeded against departmentally and consequently was dismissed from service on allegations of inefficiency and deliberately avoiding official duty and absence from duty-- Allegations of inefficiency and deliberately avoiding official duty, had not been proved against civil servant as predecessor of civil servant had clearly deposed before enquiry officer that civil servant had completed work which was entrusted to him before proceeding of leave
Fact that civil servant remained ill during period of his alleged unauthorised absence, was not disputed
Even enquiry officer had stated in his finding that after a detailed examination of record he reached the conclusion that civil servant had really remained ill, during that period
Civil servant had furnished proper medical certificates from authorised medical attendant in support of his applications for leave-- Such medical certificates, could not be rejected out of hand without first obtaining a second opinion from a Medical Board or from Medical Superintendent of a Civil Hospital
Authority not only failed to adopt that procedure, but also did not inform civil servant that leave applied for by him had been rejected
Civil servant admittedly was neither supplied a copy of enquiry report nor served with a show-cause notice before penalty of dismissal was imposed on him
Such material omission on part of Authority had seriously prejudiced civil servant in his defence and had vitiated proceedings-- Order dismissing civil servant otherwise based on erroneous assumption thus could not sustain
Order of Authority was set aside and civil servant was reinstated with all back benefits. Muhammad Bashir Ahmed for Appellant. Ch. Manzoor Hussain, D.A. for Respondent. Date of hearing: 21st November, 1990.