2008 PLP (C (PLC(CS))
ABDUL HASSAN Versus SECRETARY, EDUCATION (S&L) N.-W.F.P. and 3 others
| Citation | 2008 PLP (C (PLC(CS)) |
| Forum / Court | N.-W.F.P. Service Tribunal |
| Bench Members | Abdul Sattar Khan, Chairman and Adalat Khan, Member |
| Parties | ABDUL HASSAN Versus SECRETARY, EDUCATION (S&L) N.-W.F.P. and 3 others |
| Primary Law | North-West Frontier Province Removal from Service (Special Powers) Ordinance (V of 2000) |
Q1: What are the key laws and sections cited in 2008 PLP (C (PLC(CS))?
This judgment primarily cites: North-West Frontier Province Removal from Service (Special Powers) Ordinance (V of 2000) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP (C (PLC(CS))?
The case was heard and decided by the N.-W.F.P. Service Tribunal bench comprising: Abdul Sattar Khan, Chairman and Adalat Khan, Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP (C (PLC(CS)) (ABDUL HASSAN Versus SECRETARY, EDUCATION (S&L) N.-W.F.P. and 3 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Wazir Zada, Legal Adviser with A.-G.P. for Respondents.
- Counsel for the appellant and Wazir Zada, Legal Adviser with A.-G.P. for respondent-Department present. Replication not filed. Heard. Record perused.
Headnotes / Summary
Ss. 3 & 10
North-West Frontier Province Service Tribunals Act (I of 1974), S.4--Penalty of dismissal from Service
Conversion of penalty into compulsory retirement
Appellant, who was involved in murder case, was sentenced to life imprisonment
Appellant, after undergoing said sentence reported his arrival to the Department, but he had already been dismissed from service
Only contention of appellant was that since he had rendered more than 10 years of service in the. Department, impugned order of his dismissal from service, be converted into compulsory retirement to enable him to get pensionary benefits
Keeping in view service of 10 years rendered by the appellant, impugned punishment of dismissal from service was converted into one of compulsory retirement, which was also a major penalty.
Judgment & Decree
Counsel for the appellant and Wazir Zada, Legal Adviser with A.-G.P. for respondent-Department present. Replication not filed. Heard. Record perused. This appeal under section 4 of the N.-W.F.P. Service Tribunals, Act, 1974 arises against an order, dated 10-6-1998 vide which the appellant was dismissed from service w.e.f. 10-1-1998, with the prayer that on acceptance of this appeal, the impugned dismissal order may be changed into one compulsory retirement enabling the appellant to get pensionary benefits of rendering more than 10 years service. It appears that the appellant while serving as A.W.I. in the respondent-Department was involved in a murder case. On conclusion of the trial, he was sentenced to imprisonment for life and also to pay a fine of Rs.70,
000. The accused/appellant after undergoing the above sentence, reported his arrival to the Director, National, Telecommunication Corporation, Peshawar on 14-8-2005, where his services were already placed on deputation, but before his arrival, he had already been dismissed from service. After exhausting his departmental remedy, the appellant has approached the Tribunal for the redressal of his grievances. The only contention of the appellant is that since he has rendered more than 10 years of service, therefore, the impugned order of his dismissal from service be converted into one compulsory retirement to enable him (appellant) to get pensionary benefits. The plea taken by the respondent-Department is that the appellant was involved in a murder case; that he was convicted by the Court of Additional Sessions. Judge, Takht Bhai in the said murder case and in the light of the judgment of the competent Court of law, the impugned order of dismissal from service of the appellant was passed which being proper calls for no interference by the Tribunal. After hearing the arguments and perusing the record, the Tribunal tends to agree with the arguments advanced by the learned counsel for the appellant. Before conviction order passed against the appellant, he had already rendered more than 10 years of service, therefore, keeping in view the services rendered by him the impugned punishment of dismissal from service is converted into one compulsory retirement which is also a major penalty. With the above modification/ variation in the impugned order, the instant appeal stands disposed of accordingly, with no order as to costs. File be consigned to the record. H.B.T./4/N.-W.F.P.(Ser.) Order accordingly.