1992 PLP (C (PLC(CS))
RIAZ AHMAD Versus THE MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE and another
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Punjab |
| Bench Members | Muhammad Mehmud Aslam Pirzada, Chairman and Abdul Hamid Khan, Member |
| Parties | RIAZ AHMAD Versus THE MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE and another |
| Primary Law | Punjab Civil Servants Act (VIII of 1974) |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: Punjab Civil Servants Act (VIII of 1974) 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: Muhammad Mehmud Aslam Pirzada, Chairman and 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)) (RIAZ AHMAD Versus THE MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ikram Zahid for Appellant.
- Manzoor Hussain, D.A. for Respondents.
- Date of hearing: 25th June, 1990.
Headnotes / Summary
Ss. 5(3)(a) & 15
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, Rr. 4, 6 & 7
Civil servant, who was appointed against a temporary post, was terminated by Authority while he was still on probation, without issuing him any show-cause notice and without holding any enquiry, on ground that he had failed to complete his probationary period satisfactorily
Order of termination passed by Authorities also carried stigma of misconduct against civil servant as allegation of habitual absence from duty was also levelled against him in that order
Since civil servant had clearly been accused of misconduct, it could only be considered as a stigma and as such civil servant was eligible for protection of S. 15 of Act, 1974 and was entitled to a show-cause notice and proper enquiry under Rules of 1975
Order terminating services of civil servant passed without show-cause notice and without holding proper enquiry against civil servant, being violative of S.15 of the Act, 1974, could not sustain. Muhammad Azam v. Secretary Food and others 1987 PLC (C.S.) 915; Riaz Ali Khan v. Pakistan PLD 1967 Lah. 491 and Muhammad Siddiq Javaid Chaudhry v. Government of West Pakistan PLD 1974 SC 393 ref.
Judgment & Decree
Appeal No. 508 of 1989, decided on 25th June, 1990.
Ss. 5(3)(a) & 15
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, Rr. 4, 6 & 7
Civil servant, who was appointed against a temporary post, was terminated by Authority while he was still on probation, without issuing him any show-cause notice and without holding any enquiry, on ground that he had failed to complete his probationary period satisfactorily
Order of termination passed by Authorities also carried stigma of misconduct against civil servant as allegation of habitual absence from duty was also levelled against him in that order
Since civil servant had clearly been accused of misconduct, it could only be considered as a stigma and as such civil servant was eligible for protection of S. 15 of Act, 1974 and was entitled to a show-cause notice and proper enquiry under Rules of 1975
Order terminating services of civil servant passed without show-cause notice and without holding proper enquiry against civil servant, being violative of S.15 of the Act, 1974, could not sustain. Muhammad Azam v. Secretary Food and others 1987 PLC (C.S.) 915; Riaz Ali Khan v. Pakistan PLD 1967 Lah. 491 and Muhammad Siddiq Javaid Chaudhry v. Government of West Pakistan PLD 1974 SC 393 ref. Ikram Zahid for Appellant. Manzoor Hussain, D.A. for Respondents. Date of hearing: 25th June, 1990.