1989SCMR912 (PLP)
Civil Petition No.520 of 1988 Versus DEPUTY DIRECTOR FOOD, MULTAN and another — Respondents
| Citation | 1989SCMR912 (PLP) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Ali Hussain Qazilbash, JJ |
| Parties | Civil Petition No.520 of 1988 Versus DEPUTY DIRECTOR FOOD, MULTAN and another — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1989SCMR912 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR912 (PLP)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR912 (PLP) (Civil Petition No.520 of 1988 Versus DEPUTY DIRECTOR FOOD, MULTAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Azam Rasul, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record (absent) for Petitioner (in both the Petitions).
- Nemo for Respondents.
- Date of hearing: 8th February, 1989.
- Malik Muhammad Azam Rasul, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate‑on‑Record (absent) for Petitioner (in both the Petitions).
Headnotes / Summary
(From the judgment of the Punjab Service Tribunal, dated 16-3-1988 in Appeal No.509/335 of 1987).
Art.212(3)--Food Inspectors Incharge of Bini Shells--Imposition of penalty for shortage of wheat stored therein--Departmental appeal and appeal before Service Tribunal against imposition of penalty dismissed--Order impugned--Leave to appeal was granted to examine whether authorities below have flagrantly violated the law laid down by Supreme Court in Maqsood Ahmad Sheikh's Case reported as 1987 SCMR 1562. Maqsood Ahmad Sheikh v. Islamic Republic of Pakistan 1987 SCMR 1562 rel
Judgment & Decree
ALI HUSSAIN QAZILBASH, J.‑‑These two petitions one by Ch. Wali Muhammad and the other Muhammad Ibrahim arise from the judgment of the Punjab Service Tribunal dated 16‑3‑1988.
2. The petitioners, Food grains Inspectors were posted at P.R. Centre Arifwala, during the procurement of wheat for the year 1983‑
84. There were in all 25 Bini Shells and total quantity of 54634.405 M tons of wheat was stored therein. The wheat was despatched and Bini Shells were cleared by the end of December, 1984. A total shortage of 529.140 M tons of wheat was declared in the final stock report. 1t was a colossal shortage therefore the petitioners were served with Charge Sheet on 30‑10‑1985 along with the statements of allegations. Mr. Muhammad lqbal, Assistant Food Controller, Arifwala, was appointed as Inquiry Officer. He submitted his report on 25‑1‑1986 to the `Authorised Officer' who sent for the petitioners, heard them in person and concluded that the petitioners were responsible for shortage of 411.796 M tons of wheat and recommended that the amount should be recovered from the petitioners and their colleagues. The `Authority' then proceeded to serve them with a Show‑Cause Notice and after hearing the petitioners imposed recovery of Rs.8,77,125.41 being the price of 411.796 M tons wheat in the proportions given in the order.
3. The petitioners filed departmental appeals but since were not decided within the statutory period they filed appeals before the Punjab Service Tribunal which were ultimately dismissed on 16‑3‑1988.
4. We have heard the learned counsel for the petitioners and have gone through the record of ‑the case. The only point that he urged before .us was that the authorities below have flagrantly violated the law laid down by this Court ' A /the case of Maqsood Ahmad Sheikh v. Islamic Republic of Pakistan reported in` 1987 SCMR 1562. Leave is therefore granted in both the cases to consider the above question.