1990 PLP 1454 (SCMR)
MUHAMMAD SALEEM‑‑‑Petitioner Versus SUPERINTENDENT OF POLICE and another‑‑‑Respondents
| Citation | 1990 PLP 1454 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Ghulam Mujaddid, JJ |
| Parties | MUHAMMAD SALEEM‑‑‑Petitioner Versus SUPERINTENDENT OF POLICE and another‑‑‑Respondents |
| Primary Law | Punjab Service Tribunals Act (IX of 1974)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 1454 (SCMR)?
This judgment primarily cites: Punjab Service Tribunals Act (IX of 1974)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 1454 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Ghulam Mujaddid, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 1454 (SCMR) (MUHAMMAD SALEEM‑‑‑Petitioner Versus SUPERINTENDENT OF POLICE and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Hamiduddin, Senior Advocate Supreme Court and Sh. Salahuddin, Advocate‑on‑ Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 29th October, 1989.
Headnotes / Summary
(On appeal from the judgment dated 12‑6‑1989 of the Punjab Service Tribunal, Lahore in Appeal No. 924/537 of 1987). ‑‑‑‑S. 4‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Leave to appeal‑‑‑Leave to appeal was granted to examine question, whether Service Tribunal could, while dealing with appeal of petitioner filed by him for grant of back benefits, had jurisdiction suo motu to order petitioner's dismissal from service by setting aside order of his re‑instatement earlier passed by Authority concerned.
Judgment & Decree
NASIM HASAN SHAH, J.‑‑‑The petitioner, a Sub‑Inspector of Police, while posted as S.H.O., Police Station, Pasrur, was dismissed from service by the Superintendent of Police vide order dated 11‑4‑1982, on the ground of misconduct. The petitioner aggrieved by the said order filed a departmental appeal before the Deputy Inspector‑General of Police, Gujranwala who accepted his appeal vide order dated 19‑9‑1987 as the petitioner was acquitted by a Court of Law of the charges which formed the basis of his dismissal and ordered his re instatement in service "with all back benefits", But at the same time, it was observed:‑‑-- "The period he remained out of service subsequent to his dismissal shall be treated as leave of kind due and the period of suspension if any as duty period." Accordingly, while implementing the order of re‑instatement on 10‑10‑1987 it was ordered that the period spent out of service shall be treated as period spent out of duty as leave without pay (extraordinary leave). The petitioner filed an appeal against the order dated 10‑10‑1987 before the Service Tribunal praying that he be given all back benefits. The Service Tribunal vide order dated 12‑6‑1989 not only refused the prayer but went on to set aside the order of the Deputy Inspector‑General of Police, Gujranwala dated 19‑9‑1987 also which was never appealed from and restored the order of dismissal passed by the Superintendent of Police Sialkot dated 11‑4‑1982. Hence this petition for leave to appeal. The question whether the Service Tribunal could while dealing with the appeal of the petitioner for grant of all back benefits had the jurisdiction suo motu to order petitioner's dismissal from service by setting aside the order of his re‑instatement earlier passed by the D.I.G. Police Gujranwala on 19‑9‑1987, needs examination. Leave granted. The appeal shall be heard on the present record with liberty to the parties to add further documents, if any and fixed for hearing on an early date. Meanwhile the interim order dated 22‑7‑1989 shall continue. H.B.T./M‑1148/S Leave granted.