2001 PLP (C (PLC(CS))
Syed AFZAL ALI SHAH Versus COMMISSIONER OF PUNJAB EMPLOYEES' SOCIAL
| Citation | 2001 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Syed Jamshed Ali, J |
| Parties | Syed AFZAL ALI SHAH Versus COMMISSIONER OF PUNJAB EMPLOYEES' SOCIAL |
Q1: What are the key laws and sections cited in 2001 PLP (C (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Syed Jamshed Ali, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP (C (PLC(CS)) (Syed AFZAL ALI SHAH Versus COMMISSIONER OF PUNJAB EMPLOYEES' SOCIAL). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Shabnam Sarwar Ch. for Respondents.
Judgment & Decree
The petitioner was appointed as Chowkidar in BS. 1 vide order, dated 5-6-1995 passed by the Commissioner, Social Security Institution. His services were terminated vide order, dated 25-7-1997 passed by Dr. Muhammad Bashir, Senior Medical Officer for absence from duty on 16-4-1997, 21-4-1997, 2-5-1997, 21-5-1997 and 11-6-1997. He filed an appeal which was dismissed on 14-9-1998.
2. The learned counsel for the petitioner has contended that the appointment of respondent No.3 was bogus as it had been obtained on the basis of forged degrees 'and forged orders purported to have been passed by this Court and by the Hon'ble Supreme Court of Pakistan. The learned counsel for the respondents has conceded to the factual position and submitted that the said Dr. Muhammad Bashir is behind the bars since long.
3. The fact of the matter is that since the appointment of respondent) No.3 was bogus and based on forged orders, he could not competently act as Authority competent to impose major punishment on the petitioner under the Punjab Civil Servants (E&D) Rules (which have been adopted by the Punjab Employees of Social Security Institution).
4. Resultantly, the writ petition is allowed, the impugned orders are declared to be without lawful authority and of no legal effect. The department shall be at liberty to proceed against the petitioner under the aforesaid E & D Rules. It is being left to the competent Authority as to how the period of absence of the petitioner is to be treated. H.B.T./A-106/L Petition allowed.