1989 PLP 799 (SCMR)
THE DIRECTOR OF EDUCATION (SCHOOLS), N.-W.F.P., PESHAWAR and another — Petitioners Versus GHULAM MURTAZA — Respondent
| Citation | 1989 PLP 799 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Usman Ali Shah, JJ |
| Parties | THE DIRECTOR OF EDUCATION (SCHOOLS), N.-W.F.P., PESHAWAR and another — Petitioners Versus GHULAM MURTAZA — Respondent |
| Primary Law | North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973 |
Q1: What are the key laws and sections cited in 1989 PLP 799 (SCMR)?
This judgment primarily cites: North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 799 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 799 (SCMR) (THE DIRECTOR OF EDUCATION (SCHOOLS), N.-W.F.P., PESHAWAR and another — Petitioners Versus GHULAM MURTAZA — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian M. Ajmal Additional Advocate-General, N.-W.F.P. for Petitioners.
- Nazir Ahmad Lughmani, Advocate Supreme Court for Respondent.
- Date of hearing: 14th January, 1989.
- Mian M. Ajmal Additional Advocate‑General, N.‑W.F.P. for Petitioners.
- Learned Additional Advocate‑General has contended that Rule 8 of the N.W.F.P. Government Servants (Efficiency and Discipline) Rules, 1973, relied upon from the petitioners' side did permit the action impugned before the Tribunal, without following the procedure of detailed inquiry. He also relied upon the leave granting order passed on 11th December, 1988 m C.P. No. 182‑P ofl 1987. These and other submissions require examination.
Headnotes / Summary
(On appeal from the judgment of N.-W.F.P. Service Tribunal dated 26th September 1988 in Appeal No. l of 1988).
R.8--Constitution of Pakistan (1973), Art.212(3)--Civil servant's conviction by Military Court--Such civil servant dismissed by his employer without holding any enquiry basing dismissal order on his conviction--Service Tribunal allowed appeal of civil servant on the ground that even in such like cases inquiry process was necessary--Leave to appeal was granted to consider whether R.8 of North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973 did permit the action impugned before Service Tribunal, without following procedure of detailed inquiry.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought, against the acceptance by the N.‑W.F.P. Service Tribunal, of respondent's appeal against his dismissal from service. The respondent was convicted by the Summary Military Court for such an offence which when established would undoubtedly rendered him to disciplinary action, ending in dismissal from service. But the Martial Law Authorities, on his representation, reduced the sentence and withdrew the order of his dismissal from service. This, however, did not end the matter. The respondent's employer department, namely, the petitioners herein took independent departmental action against him and acted under Rule 8 without holding any further inquiry and dismissed him basing the order on his conviction that he had been convicted by a Court of law and sentenced to fine and imprisonment. On appeal, the Tribunal held the view that even in such like cases inquiry process was necessary which was dispensed with by the petitioners. Accordingly appeal was allowed. Learned Additional Advocate‑General has contended that Rule 8 of the N.W.F.P. Government Servants (Efficiency and Discipline) Rules, 1973, relied upon from the petitioners' side did permit the action impugned before the Tribunal, without following the procedure of detailed inquiry. He also relied upon the leave granting order passed on 11th December, 1988 m C.P. No. 182‑P ofl 1987. These and other submissions require examination. Leave to appeal is accordingly granted. The appeal shall be prepared on the present record with direction for filing all necessary documents. Both the appeals shall be heard together. Stay to continue. A.A./D‑36/S Leave to appeal granted.