1988 PLP 1994 (SCMR)
RIAZ-UL-HAQ and 2 others — Petitioners Versus DEPUTY DIRECTOR FOOD, BAHAWALPUR and others — Respondents
| Citation | 1988 PLP 1994 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid Mirza and Saad Saood Jan, JJ |
| Parties | RIAZ-UL-HAQ and 2 others — Petitioners Versus DEPUTY DIRECTOR FOOD, BAHAWALPUR and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1988 PLP 1994 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 1994 (SCMR)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid Mirza and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1994 (SCMR) (RIAZ-UL-HAQ and 2 others — Petitioners Versus DEPUTY DIRECTOR FOOD, BAHAWALPUR and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Mehmud Bhatti, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record for Petitioners.
- Faiz Muhammad Bhatti, Advocate Supreme Court and Rao Muhammad Yousaf, Advocate-on-Record for Respondents.
- Date of hearing: 20th July, 1988.
- Muhammad Mehmud Bhatti, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate‑on‑Record for Petitioners.
- Faiz Muhammad Bhatti, Advocate Supreme Court and Rao Muhammad Yousaf, Advocate‑on‑Record for Respondents.
Headnotes / Summary
(From the judgment dated 10-5-1988 of the Punjab Service Tribunal passed in Appeals Nos.l/500, 2/501 and 3/502, respectively of 1988).
Art.212 (3)--Question whether petitioner, a civil servant, was responsible for causing loss to the Government, being essentially one of fact, and no substantial question of law of public importance arising in the petition, leave was refused.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑These are three petitions for special leave to appeal from the judgment dated 10‑5‑1988 of the Punjab Service Tribunal dismissing the petitioners' appeals from the order of the departmental authorities calling upon them to make good the loss suffered by the Government.
2. Riaz‑ul‑Haq, petitioner in C.P.S.L.A.. No.565, Mukhtar Ahmad Bhatti, petitioner in C.P.S.L.A. No.566, and Muhammad Naeem, petitioner in C.P.S.L.A. No.567 were serving as Assistant Food Controller, Food Grain Inspector and Food Grain Supervisor, respectively, in Bahawalpur Region. During 1983‑84 Scheme wheat weighing 45,787.656 M. Tons was stored in Bini Shells P.R. Centre. The Centre was under the charge of the petitioners. On final clearance a shortage of 395.811 M. Tons was found in the stock. This led to a departmental inquiry against the petitioners. The defence of the petitioners mainly was that the shortage had occurred on account of drying of moisture as well as ineffective fumigation operations resulting in infestation by khapra/susri. The Inquiry Officer as well as the Authorised Officer accepted their defence and absolved them of the charges. However, the Authority disagreed with the finding of the Inquiry Officer and held that if the petitioners had been more dutiful and vigilant, such a large loss would not have occurred. After taking into account the various factors it held them guilty for causing a shortage of 123.430 M. Tons and called upon them to make up the loss. The petitioners preferred a departmental appeal but without any success. They then filed appeals before the Service Tribunal. Their appeals were dismissed by the learned Tribunal after holding that the petitioners were responsible for the loss which they had been asked to make good. The petitioners now seek leave to appeal from this Court.
3. The question whether the petitioners were responsible for causing loss to the Government is one essentially of fact. No substantial question of law of public importance arises for our consideration. Leave is accordingly refused. M. B. A./R‑62/S Petition dismissed.