1989 PLP 1427 (SCMR)
Miar BASHIR AHMAD Petitioner Versus BOARD OF REVENUE, PUNJAB‑‑Respondent
| Citation | 1989 PLP 1427 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid and Saad Saood Jan, JJ |
| Parties | Miar BASHIR AHMAD Petitioner Versus BOARD OF REVENUE, PUNJAB‑‑Respondent |
| Primary Law | Constitution of Pakistan (1973)‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1427 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1427 (SCMR)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1427 (SCMR) (Miar BASHIR AHMAD Petitioner Versus BOARD OF REVENUE, PUNJAB‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Sattar Najam, Advocate Supreme Court and Ch. Nlehdi Khan Mehtab. Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 13th July, 1988.
Headnotes / Summary
(From the order dated 31‑8‑1981 of the Punjab Service Tribunal in Case No.708/989 of 1981) ‑‑‑Art.212(3)‑‑Civil service‑‑Re‑instatement‑‑Back benefits‑‑Civil servant acquitted of charges involving forgery of the official record and on his acquittal he was re‑instated but denied the back benefits on the ground that his acquittal was not honourable‑‑Contention of civil servant that in the judgment of High Court there was nothing to show that his acquittal was not honourable and relied on Supreme Court decision in Sardar Khan v. Senior Member (Establishment), Board of Revenue (CA. No.536 of 1980) to support the claim for back benefits‑ Leave to appeal granted to examine the contention.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑The petitioner was serving as an Assistant in the Board of Revenue. Together with another person he was tried by the Special Judge Anti‑Corruption, Lahore on charges involving forgery of the official record. He was convicted and sentenced to a term of two years imprisonment. However, on appeal, the High Court acquitted him. Upon his acquittal he was re‑instated in service but he was denied the back benefits on the ground that his acquittal was not honourable. He filed an appeal before the Service Tribunal but without any success. He now seeks leave to appeal from this Court.
2. In support of this petition it is contended that there was nothing in the judgment of the High Court to show that his acquittal was not honourable. Reliance is also placed upon the judgment of this Court in Sardar Khan v. Senior Member (Establishment) Board of Revenue (C. A. No.536 of 1980) to support the claim for back benefit.
3. The contention raised in support of this petition needs examination. Leave to appeal is granted. Security for costs in the sum of Rs.5,
000. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any, within two months. M.BA./B‑91/S Leave granted.