2000 PLP (C (PLC(CS))
PROVINCE OF PUNJAB through Additional Chief Secretary, Government of Punjab and another Versus MUHAMMAD SIDDIQUE KHAN
| Citation | 2000 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sh. Riaz Ahmed and Ch. Muhammad Arif, JJ |
| Parties | PROVINCE OF PUNJAB through Additional Chief Secretary, Government of Punjab and another Versus MUHAMMAD SIDDIQUE KHAN |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2000 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sh. Riaz Ahmed and Ch. Muhammad Arif, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP (C (PLC(CS)) (PROVINCE OF PUNJAB through Additional Chief Secretary, Government of Punjab and another Versus MUHAMMAD SIDDIQUE KHAN). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Sharif Butt, 'Advocate Supreme Court with Rao M Yousaf Khan, Advocate-on-Record for Petitioners
- Nemo for Respondent
- Date of hearing: 30th November, 1999.
- Muhammad Sharif Butt, 'Advocate Supreme Court with Rao M Yousaf Khan, Advocate‑on‑Record for Petitioners
Headnotes / Summary
(On appeal from the judgment/order dated 31-3-1998 passed by the Punjab Service Tribunal, Lahore in Appeal No. 1680/94).
Art. 212(3)
Regular inquiry not held
Service Tribunal had rightly concluded that dismissal of civil servant from service and subsequent reduction in punishment were violative of dictum laid down by Supreme Court in the case of Lal Muhammad and another 1980 SCMR 850 and thus both the orders were set aside
Petition for leave to appeal filed by the Department against the judgment of Service Tribunal being without merit, was dismissed in circumstances. Lal Muhammad and another v. Government of Sindh 1980 SCMR 850 ref
Judgment & Decree
SH. RIAZ AHMED, J.‑‑‑The Province of the Punjab through the Additional‑ Chief Secretary, Government of the Punjab and another seek leave to appeal against the judgment and order dated 31‑3‑1998 delivered by the Punjab Service Tribunal whereby it was‑held that major penalty could not have been awarded to the respondent without holding a regular inquiry and thus the order impugned dated 1‑8‑1994 dismissing the respondent from service and the order dated 4‑9‑1994 whereby the‑ punishment of dismissal was reduced and the petitioner was demoted and reinstated were set aside. In fact it was conceded by the contesting department before the Tribunal that without holding regular inquiry the major penalties were imposed upon the respondent. In view of the dictum laid down by this Court in the case reported as Lal Muhammad and, another v. Government of Sindh (1980 SCMR 850) the Tribunal rightly concluded that the dismissal of the respondent from service and the subsequent reduction in the punishment were violative of the said dictum and, thus both the orders were set aside.
2. After hearing the learned counsel at length, we do not find any merit in this petition. The Tribunal had rightly acted in setting aside both the orders by placing reliance upon the law laid down by this Court. The petition