1991 PLP 1663 (SCMR)
FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad and others — Petitioner Versus MUHAMMAD NAWAZ KAHUT — Respondent
| Citation | 1991 PLP 1663 (SCMR) |
| Forum / Court | ----Art. 212(3)---Point for consideration in petition was whether punishment awarded to respondent by competent Authority while reducing his pay with permanent effect, could be modified by Tribunal---Leave to appeal was granted on that limited point.---Civil service. |
| Bench Members | S. Usman Ali Shah and Abdul Qadeer Chaudhry, JJ |
| Parties | FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad and others — Petitioner Versus MUHAMMAD NAWAZ KAHUT — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1991 PLP 1663 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1663 (SCMR)?
The case was heard and decided by the ----Art. 212(3)---Point for consideration in petition was whether punishment awarded to respondent by competent Authority while reducing his pay with permanent effect, could be modified by Tribunal---Leave to appeal was granted on that limited point.---Civil service. bench comprising: S. Usman Ali Shah and Abdul Qadeer Chaudhry, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1663 (SCMR) (FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad and others — Petitioner Versus MUHAMMAD NAWAZ KAHUT — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. A. Siddiqui, Deputy Attorney-General and Ch. Akhtar Ali, Advocate- on-Record for Petitioners.
- Nemo for Respondent.
- Date of hearing: 12th February, 1990.
- M. A. Siddiqui, Deputy Attorney‑General and Ch. Akhtar Ali, Advocate- on‑Record for Petitioners.
Headnotes / Summary
(From the judgment of the Federal Service Tribunal dated 6-6-1989, passed in Appeal No.319(R) of 1985).
Art. 212(3)
Point for consideration in petition was whether punishment awarded to respondent by competent Authority while reducing his pay with permanent effect, could be modified by Tribunal
Leave to appeal was granted on that limited point.
Judgment & Decree
S. USMAN ALI SHAH, J.‑‑‑Muhammad Nawaz Kahut respondent herein was placed under suspension with effect from 13‑10‑1983 in connection with two police officials who were suspected to be responsible for the death of one Nasir Masih who died in September, 1985 in police lock‑up of Abpara Police Station, Islamabad and were slipped out from the custody, with the alleged connivance of the respondent. On 15‑10‑1983 the respondent claimed to have fallen ill and in support thereof he submitted a medical certificate from a hospital recommending two weeks rest. He availed the said leave, although it was not sanctioned by the competent Authority. The respondent was charge‑sheeted on the allegations of misconduct and inefficiency. The Enquiry Officer found him guilty of the said allegations and the I.‑G.P. Islamabad vide his order dated 22‑4‑1985 imposed on him major penalty of reduction in pay from Rs.1,000 to Rs. 950 per month with permanent effect Departmental appeal of the respondent was not replied and his subsequent appeal before the Federal Service Tribunal was partly allowed and his reduction in pay with permanent effect was modified to that of reduction in pay for a period of three years, vide impugned judgment dated 6‑6‑1989. The Government now seeks leave to appeal against the said order before this Court. After hearing the learned counsel in support of this petition in the light of the finding of the Tribunal, we have observed that the point for consideration in this petition is whether the punishment awarded to the respondent by the Competent Authority, while reducing his pay from Rs.1,000 to Rs.950 with permanent effect can be modified by the learned Tribunal. Leave to appeal is granted on this limited point. Appeal is to be made ready on the present record with permission to parties to file additional documents, if any. H.B.T./F‑171/S Leave granted.