1998 PLP (C (PLC(CS))
Haji ABDULLAH KHAN Versus THE DEPUTY COMMISSIONER, QUETTA and 3 others
| Citation | 1998 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sajjad Ali Shah CJ, Sh. Riaz Ahmad and Muhammad Bashir Jehangiri, JJ |
| Parties | Haji ABDULLAH KHAN Versus THE DEPUTY COMMISSIONER, QUETTA and 3 others |
| Primary Law | Government Servants (Efficiency and Discipline) Rules, 1973 |
Q1: What are the key laws and sections cited in 1998 PLP (C (PLC(CS))?
This judgment primarily cites: Government Servants (Efficiency and Discipline) Rules, 1973 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sajjad Ali Shah CJ, Sh. Riaz Ahmad and Muhammad Bashir Jehangiri, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP (C (PLC(CS)) (Haji ABDULLAH KHAN Versus THE DEPUTY COMMISSIONER, QUETTA and 3 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khawaja Muhammad Farooq, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioner.
- Date of hearing: 26th February, 1996.
Headnotes / Summary
(On appeal form the judgment dated. 5-11-1995 of the Federal, Service Tribunal, Islamabad in Appeal No.476(Q) of 1994).
R. 4
Constitution of Pakistan (1973), Art. 212(3)
Misconduct-- Dismissal of civil servant by Governor
Civil servant failed to get relief from Service Tribunal against order of his dismissal
Petitioner claimed that his case was not covered by "Instructions Regarding Levies" framed in 1935 because in those instructions Political Agent was authorised to dismiss and not the Governor
Petitioner's further submission was that Federal Levies were constituted and maintained by Federal Government, therefore, Governor of Province had no authority to dismiss petitioner and that in absence of rules Federal Levies would be governed by Civil Servants Act. 1973 and Rules framed thereunder
Respondents, however, maintained that Governor, while dismissing petitioner, had acted as Agent of the President as contemplated under Art. 145 of the Constitution, but they admitted that no notification had been issued under the said provision-- Leave to appeal to Supreme Court was granted to examine whether impugned judgment was sustainable under law in the light of plea that no notification was issued under the relevant provision. Raja M. Bashir, Deputy Attorney-General on Court's Notice.
Judgment & Decree
SAJJAD ALI SHAH, C.J.
Petitioner was serving as Risaldar Major in the Federal Levies posted at Quetta when he was dismissed by the Governor of Balochistan after enquiry on the ground of negligence in performance of duties and involvement in illegal disposal of the Government property. He filed a service appeal before the Federal Service Tribunal which has been dismissed vide order dated 5-11-1995. He seeks leave to appeal against that order of the Tribunal.
2. It is submitted on behalf of the petitioner that his case is not covered by 'Instructions Regarding Levies' framed in 1935 because in those instructions Political Agent was authorised to dismiss and not the Governor. It is further submitted that the Federal Levies are constituted and maintained by the Federal Government, hence the Governor of the Province had no authority to dismiss the petitioner and that in absence of rules, Federal A Levies will be governed by the Civil Servants Act and the rules framed thereunder.
3. The learned Deputy Attorney-General present on the Court notice has submitted that the Governor acted as the agent of the President as contemplated under Article 145 of the Constitution, but candidly admitted that no notification has been issued under that provision.
4. Leave is granted to examine whether the impugned judgment is sustainable under the law in the light of the contentions mentioned above. A.A./A-70/S Leave granted.