2011 SCMR 1360 (PLP)
GULZAR HUSSAIN, A.S.-I.-Petitioner Versus DISTRICT POLICE OFFICER and others — Respondents
| Citation | 2011 SCMR 1360 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Sair Ali and Khilji Arif Hussain, JJ |
| Parties | GULZAR HUSSAIN, A.S.-I.-Petitioner Versus DISTRICT POLICE OFFICER and others — Respondents |
| Primary Law | Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 |
Q1: What are the key laws and sections cited in 2011 SCMR 1360 (PLP)?
This judgment primarily cites: Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 1360 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Sair Ali and Khilji Arif Hussain, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1360 (PLP) (GULZAR HUSSAIN, A.S.-I.-Petitioner Versus DISTRICT POLICE OFFICER and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Saeed Hassan, Senior Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- Date of hearing: 8th June, 2011.
- MUHAMMAD SAIR ALI, J.---Malik Saeed Hassan, learned Senior Advocate Supreme Court, appearing for the petitioner, has raised the following propositions:--
Headnotes / Summary
(Against judgment dated 31-3-2010 of Punjab Service Tribunal, Lahore, passed in Appeal No. 2781 of 2009).
R. 4
Punjab Service Tribunals Act (IX of 1973), S. 4
Constitution of Pakistan, Art. 212(3)
Dismissal from service--Imposition of converted penalty of forfeiture of two years approved service of appellant by Service Tribunal
Supreme Court granted leave to appeal to consider as to whether on disproof of all charges as per impugned judgment, Service Tribunal could impose such converted penalty; that on reinstatement of appellant in service, could the period during which he remained out of service be treated as leave without pay; and whether forfeiture of two years approved service was a legitimate punishment particularly in absence of proof of all charges.
Judgment & Decree
MUHAMMAD SAIR ALI, J.
Malik Saeed Hassan, learned Senior Advocate Supreme Court, appearing for the petitioner, has raised the following propositions:-- (i) that on disproof of all the charges as per Tribunal's judgment, could the converted penalty of forfeiture of two years approved service be imposed by the Tribunal; (ii) that on reinstatement of the petitioner in service, could "the period during which he remained out of service" be treated as leave without pay; and (iii) whether forefieture of two years approved service is a legitimate punishment, particularly, in absence of proof of all the charges.
2. The above questions require consideration. Leave to appeal is accordingly granted. S.A.K./G-11/SC Leave granted.