2025 PLP (C (PLC(CS))
ANSAR MEHMOOD Versus DIRECTOR GENERAL PUNJAB AGRICULTURE MARKETING REGULATORY AUTHORITY and others
| Citation | 2025 PLP (C (PLC(CS)) |
| Forum / Court | Punjab Service Tribunal |
| Bench Members | Sajjad Hussain Sindhar, Chairman |
| Parties | ANSAR MEHMOOD Versus DIRECTOR GENERAL PUNJAB AGRICULTURE MARKETING REGULATORY AUTHORITY and others |
| Primary Law | Punjab Service Tribunal Act (IX of 1974) |
Q1: What are the key laws and sections cited in 2025 PLP (C (PLC(CS))?
This judgment primarily cites: Punjab Service Tribunal Act (IX of 1974) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2025 PLP (C (PLC(CS))?
The case was heard and decided by the Punjab Service Tribunal bench comprising: Sajjad Hussain Sindhar, Chairman.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2025 PLP (C (PLC(CS)) (ANSAR MEHMOOD Versus DIRECTOR GENERAL PUNJAB AGRICULTURE MARKETING REGULATORY AUTHORITY and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hafiz M. Adil Umer for Appellant for Appellant.
- Hafiz M. Asif, D.D.A for Respondent.
Headnotes / Summary
Ss. 2(b) & 4
Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006), Ss.2h)(i) & 19
Disciplinary matter
Punjab Service Tribunal
Scope
Admittedly, appellant was an employee of the Market Committee and disciplinary proceedings were initiated against him under Punjab Employees Efficiency, Discipline and Accountability Act ('the PEEDA Act, 2006') and the appeal was filed in this Tribunal deeming appellant to be a civil servant
Section 19 of the PEEDA Act, 2006 after incorporation of 2(h)(i) clearly draws a line between the civil servant and employees defined under S. 2(h)(i) of the PEEDA Act, 2006, whereunder such employees if aggrieved by any final order whether original or appellate have been excluded from the definition of a civil servant
In terms of S. 2(b) of the Punjab Service Tribunal Act, 1974 appellant was neither in the civil service of the Province nor he was holding a civil post in connection with the affair of the Province
According to S. 4 of the Punjab Service Tribunal Act, 1974, only a civil servant who does not fall under the ambit of S. 19 read with S.2(h)(i)of the PEEDA Act, 2006 can file appeal before the Service Tribunal
Appeal, being not maintainable, was dismissed. Muhammad Masood and others v. Market Committee and others 2014 PLC (C.S.) 1080 and Ibrar Hussain and another v. Secretary to the Government of Punjab, Agriculture Department and three others 2003 PLC (C.S.) 483 ref.
Judgment & Decree
SAJJAD HUSSAIN SINDHAR, CHAIRMAN.
Appellant filed instant service appeal under section 4 of the Punjab Service Tribunal Act, 1974 seeking setting aside of the orders dated 27.10.2023 and 2.8.2024 passed by the respondents Nos.2 and 1 respectively.
2. Admittedly, appellant is an employee of the Market Committee Pinanwal and disciplinary proceedings were initiated against him under the PEEDA Act, 2006, the appeal was filed in this Tribunal deeming appellant to be a civil servant. Section 19 of the Act ibid after incorporation of 2(h)(i) clearly draws a line between the civil servant and employees defined under section 2(h)(i) of the Act ibid, whereunder such employees if aggrieved by any final order whether original or appellate have been excluded from the definition of a civil servant. For further clarification Section 2(h)(i) of the PEEDA Act, 2006 is reproduced as under:- "employee means a person (i) in the employment of a corporation, corporate body, autonomous body, authority, statutory body or any other organization or institution set up, established, owned, managed controlled by the Government, by or under any law for the time being in force or a body or organization in which the Government has a controlling share or interest and includes the Chairman and the Chief Executive and the holder of any other office therein" According to Section-2(b) of the Punjab Civil Servants Act, 1974;- "civil servant" means a person who is a member of a civil service of the Province or who holds a civil post in connection with the affairs of the Province". In terms of the said section appellant is neither in the civil service of the Province nor he is holding a civil post in connection with the affair of the Province. Reliance placed on judgment reported as "Muhammad Masood and others v. Market Committee and others" 2014 PLC (C.S.) 1080 and "Ibrar Hussain and another v. Secretary to the Government of Punjab, Agriculture Department and three others" 2003 PLC (C.S.) 483.
3. According to Section 4 of the Punjab Service Tribunal Act, 1974, only a civil servant who does not fall under the ambit of Section 19 read with Section 2(h)(i) can file appeal before this Tribunal.
4. For the reasons mentioned above, the titled appeal is therefore not maintainable and the same is dismissed. Appellant is at liberty to avail alternate remedy if so advised before the proper forum. MQ/3/PST ????