1989 PLP 1224 (SCMR)
THE DIRECTOR‑GENERAL (FIELD), AGRICULTURAL DEPARTMENT, LAHORE and another‑‑Petitioners Versus Haji ABDUL REHMAN‑‑Respondent
| Citation | 1989 PLP 1224 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Saad Saood Jan and Ali Hussain Qazilbash, JJ |
| Parties | THE DIRECTOR‑GENERAL (FIELD), AGRICULTURAL DEPARTMENT, LAHORE and another‑‑Petitioners Versus Haji ABDUL REHMAN‑‑Respondent |
| Primary Law | Punjab Civil Servants (Efficiency and Discipline) Rules, 1975‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1224 (SCMR)?
This judgment primarily cites: Punjab Civil Servants (Efficiency and Discipline) Rules, 1975‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1224 (SCMR)?
The case was heard and decided by the High Court bench comprising: Saad Saood Jan and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1224 (SCMR) (THE DIRECTOR‑GENERAL (FIELD), AGRICULTURAL DEPARTMENT, LAHORE and another‑‑Petitioners Versus Haji ABDUL REHMAN‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sadiq Hayat, Advocate Supreme Court and S‑Abid Nawaz, Advocate‑on -Record for Petitioners.
- Nemo for Respondent.
- Date of hearing: 9th August, 1988.
Headnotes / Summary
(From the judgment of the Punjab Service Tribunal, dated 31‑7‑1983, passed in Case No.590/2014 of 1982). ‑‑‑R.4‑‑Constitution of Pakistan (1973), Art.212(3)‑‑Termination of services on charge of wilful absence from duty‑‑Civil servant re‑instated in departmental appeal and his absence was treated as leave without pay and a warning was given to him‑‑Civil servant's services again terminated on the same charges‑‑Service Tribunal held the subsequent order as unlawful and void ab initio, in that a civil servant could not be vexed for the same charge twice‑‑There being no merit in petition, leave to appeal refused.
Judgment & Decree
ALI HUSSAIN QAZILBASH, J.‑‑This petition for leave to appeal arises from the judgment of the Punjab Service Tribunal, dated 31‑7‑1983.
2. The services of the respondent who was working as an Assistant in the Office of the Director, Soil Conservation, Punjab, Rawalpindi, were terminated on 11‑2‑1978 on account of wilful absence from duty. On appeal by him, the Director, however, set aside the order of termination of his services, the period of absence was treated as leave without pay and a warning was given to him. The respondent's services were again terminated on 12‑7‑1982 on the same charges. He approached the High Court but was directed to seek his remedy before the Punjab Service Tribunal. The learned Tribunal after considering the case held that the subsequent order was unlawful and void ab initio in that the respondent could not be vexed for the same charge twice, hence the present petition.
3. We have heard the learned counsel for the petitioners and we hardly find any merit in this petition. The same is dismissed. AA./D‑39/S Leave refused.