PLC(CS) 1992

1992 PLP (C (PLC(CS))

ABDUR RASHID KHAN Versus SECRETARY TO GOVERNMENT OF THE PUNJAB, Irrigation and Power Department, Lahore and another

Jurisdiction / Court
High Court
Decided Date
Appeal No. 64 of 1989, decided on 2nd September, 1991.
Honorable Judges
Muhammad Mehmud Aslam Pirzada, Chairman and Abdul Hamid Khan, Member
Case Reference Summary (AEO Optimized)
Citation 1992 PLP (C (PLC(CS))
Forum / Court High Court
Bench Members Muhammad Mehmud Aslam Pirzada, Chairman and Abdul Hamid Khan, Member
Parties ABDUR RASHID KHAN Versus SECRETARY TO GOVERNMENT OF THE PUNJAB, Irrigation and Power Department, Lahore and another
Primary Law Civil service
💡 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: Civil service 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 High Court bench comprising: Muhammad Mehmud Aslam Pirzada, Chairman and Abdul Hamid Khan, 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)) (ABDUR RASHID KHAN Versus SECRETARY TO GOVERNMENT OF THE PUNJAB, Irrigation and Power Department, Lahore and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Civil service

Representation

  • M.A. Riaz for Appellant.
  • Syed Abbas Raza, D.A. for Respondents.
  • Date of hearing: 29th May, 1991.

Headnotes / Summary

Penalty of recovery of amount

Civil servant alongwith other officers, was proceeded against departmentally on charge of embezzlement of Government funds and penalty of recovery of amount was imposed on him

According to report of Enquiry Committee, civil servant had not been found guilty of alleged embezzlement or misappropriation of Government funds

Only charge that was stated to have been established against civil servant was lack of supervision and control

Enquiry Committee's report showed that guilt of civil servant was not as serious as that of co-accused officers in whose case recoveries had been waived and some of them had since been promoted while others had completely been exonerated

One of co-accused who was dismissed from service and on whom penalty of recovery had been imposed, had also been reinstated

Since charges relating to embezzlement and misappropriation were not established against civil servant, he could not be asked to pay money, which he never embezzled or misappropriated

All charges established against civil servant having involved only financial irregularities in following prescribed procedure which did not result in any pecuniary loss to Government order passed against civil servant by Authorities, was set aside.

Judgment & Decree

SECRETARY TO GOVERNMENT OF THE PUNJAB, Irrigation and Power Department, Lahore and another Appeal No. 64 of 1989, decided on 2nd September, 1991.

Penalty of recovery of amount

Civil servant alongwith other officers, was proceeded against departmentally on charge of embezzlement of Government funds and penalty of recovery of amount was imposed on him

According to report of Enquiry Committee, civil servant had not been found guilty of alleged embezzlement or misappropriation of Government funds

Only charge that was stated to have been established against civil servant was lack of supervision and control

Enquiry Committee's report showed that guilt of civil servant was not as serious as that of co-accused officers in whose case recoveries had been waived and some of them had since been promoted while others had completely been exonerated

One of co-accused who was dismissed from service and on whom penalty of recovery had been imposed, had also been reinstated

Since charges relating to embezzlement and misappropriation were not established against civil servant, he could not be asked to pay money, which he never embezzled or misappropriated

All charges established against civil servant having involved only financial irregularities in following prescribed procedure which did not result in any pecuniary loss to Government order passed against civil servant by Authorities, was set aside. M.A. Riaz for Appellant. Syed Abbas Raza, D.A. for Respondents. Date of hearing: 29th May, 1991.