PLC(CS) 1992

1992 PLP (C (PLC(CS))

Syed BASHIR HUSSAIN SHAH Versus INSPECTOR-GENERAL OF POLICE, AZAD JAMMU AND

Jurisdiction / Court
Service Tribunal AJ&K
Decided Date
Service Appeal No. 488 of 1990, decided on 27th July;1991.
Honorable Judges
Sardar Muhammad Sajawal Khan, Chairman and Raja Muhammad Ashraf Kayani, Member
Case Reference Summary (AEO Optimized)
Citation 1992 PLP (C (PLC(CS))
Forum / Court Service Tribunal AJ&K
Bench Members Sardar Muhammad Sajawal Khan, Chairman and Raja Muhammad Ashraf Kayani, Member
Parties Syed BASHIR HUSSAIN SHAH Versus INSPECTOR-GENERAL OF POLICE, AZAD JAMMU AND
Primary Law (b) Azad Jammu and Kashmir Service Tribunals Act, 1975, (a) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977, (c) Azad Jammu and Kashmir Service Tribunals Act 1975
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?

This judgment primarily cites: (b) Azad Jammu and Kashmir Service Tribunals Act, 1975, (a) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977, (c) Azad Jammu and Kashmir Service Tribunals Act 1975 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 AJ&K bench comprising: Sardar Muhammad Sajawal Khan, Chairman and Raja Muhammad Ashraf Kayani, 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)) (Syed BASHIR HUSSAIN SHAH Versus INSPECTOR-GENERAL OF POLICE, AZAD JAMMU AND). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

(b) Azad Jammu and Kashmir Service Tribunals Act, 1975 (a) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977 (c) Azad Jammu and Kashmir Service Tribunals Act 1975

Representation

  • Raja Muhammad Hanif Khan for Appellant.
  • Sardar Muhammad Sadiq Khan, Addl: A: G. for Respondents.

Headnotes / Summary

R.4

Compulsory retirement was nowhere provided to be the punishment for being awarded to a civil servant on proof of his misconduct or in-disciplined attitude.

S.4

Imposition of penalty

Availing of departmental appeal, a pre requisite before riling of appeal before Service Tribunal

Civil servant having not availed of departmental remedy against imposition of major penalty, appeal before Service Tribunal was not maintainable.

S.4

Appeal before Service Tribunal

Limitation

Period of limitation provided for departmental appeal against original order, was sixty days and thirty days to bring an appeal before Service Tribunal against the final order of departmental appeal

Civil servant having brought appeal before Service Tribunal, after a period of six years, had rendered himself to be disentitled to get any benefit

Appeal being time-barred, was dismissed.

Judgment & Decree

(a) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977

R.4

Compulsory retirement was nowhere provided to be the punishment for being awarded to a civil servant on proof of his misconduct or in-disciplined attitude. (b) Azad Jammu and Kashmir Service Tribunals Act, 1975

S.4

Imposition of penalty

Availing of departmental appeal, a pre requisite before riling of appeal before Service Tribunal

Civil servant having not availed of departmental remedy against imposition of major penalty, appeal before Service Tribunal was not maintainable. (c) Azad Jammu and Kashmir Service Tribunals Act 1975

S.4

Appeal before Service Tribunal

Limitation

Period of limitation provided for departmental appeal against original order, was sixty days and thirty days to bring an appeal before Service Tribunal against the final order of departmental appeal

Civil servant having brought appeal before Service Tribunal, after a period of six years, had rendered himself to be disentitled to get any benefit

Appeal being time-barred, was dismissed. Raja Muhammad Hanif Khan for Appellant. Sardar Muhammad Sadiq Khan, Addl: A: G. for Respondents.