2007 PLP (C (PLC(CS))
DIVISIONAL FOREST OFFICER and another Versus GULAB DIN
| Citation | 2007 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Falak Sher and Syed Jamshed Ali, JJ |
| Parties | DIVISIONAL FOREST OFFICER and another Versus GULAB DIN |
| Primary Law | Punjab Civil Servants Pension Rules, 1963 |
Q1: What are the key laws and sections cited in 2007 PLP (C (PLC(CS))?
This judgment primarily cites: Punjab Civil Servants Pension Rules, 1963 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Falak Sher and Syed Jamshed Ali, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP (C (PLC(CS)) (DIVISIONAL FOREST OFFICER and another Versus GULAB DIN). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.A. Aziz, Advocate Supreme Court for Petitioners.
- Nemo for Respondent.
Headnotes / Summary
(On appeal from the judgment passed by Punjab Service Tribunal, Lahore in Appeal No.1046 of 2003, dated 7-8-2003).
R. 18(a)
Punjab Service Tribunals Act (IX of 1974), S.4
Constitution of Pakistan (1973), Art.212(3)
Earlier an inquiry was conducted against respondent for causing loss to Government in which findings were returned in favour of respondent
Subsequently a show-cause notice was sent to respondent under R.18(a) of Punjab Civil Servants Pension Rules, 1963 for stoppage of his pension and petitioner directed recovery of amount from respondent
Appeal of respondent was dismissed by Appellate Authority, but respondent succeeded before Service Tribunal
Findings of Service Tribunal were that case was one of no evidence particularly in view of inquiry report absolving respondent from misconduct
No substantial question of law of public importance, petition for leave to appeal was dismissed.
Judgment & Decree
SYED JAMSHED ALI, J.
Divisional Forest Officer, Kasur and Conservator of Forests seek leave to appeal against the judgment dated 7-8-2003 of the learned Punjab Service Tribunal. Facts of the case are briefly noted hereunder.
2. Gulab Din, the respondent herein, retired as Forester from the service of the Forests Department, Government of Punjab on 20-8-1996. During the service, an inquiry was conducted against him for causing loss to the Government in the matter of sale of `Mudhies'. The inquiry was completed as back as in 1985 and the finding returned in favour of the respondent by the Inquiry Officer. However, vide order 21-2-1989, the Chief Conservator of Forests directed a de nova inquiry which was not completed when the respondent was in service. On 19-2-2003, a show-caused notice was addressed to the respondent under Rule 1.8(a) of the Punjab Civil Servants Pension Rules, 1963, for stoppage of his pension. The respondent contested it. However, the Divisional Forests Officer, vide order, dated 18-3-2003 directed recovery of Rs.55,081 from the respondent and his appeal was dismissed by the Conservator of Forests vide order, dated 23-4-2003. The respondent however, succeeded before the learned Punjab Service Tribunal.
3. We have heard the learned counsel. His main contention is that the competent authority and Departmental Appellate Authority had duly examined the ease of the respondent and therefore, interference by the Punjab Service Tribunal was not called for.
4. The submission has not impressed us. The finding of the learned Punjab Service Tribunal is that the case was one of no evidence particularly in the existence of the inquiry report absolving the respondent from any misconduct.
5. No substantial question of law of public importance has been raised to warrant interference. This petition is dismissed and leave is refused. H.B.T./D-29/SC Petition dismissed.