2003 PLP 1720 (SCMR)
MUHAMMAD NAWAZ — Petitioner Versus DISTRICT AND SESSIONS JUDGE and others — Respondents
| Citation | 2003 PLP 1720 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Munir A. Sheikh and Falak Sher, JJ |
| Parties | MUHAMMAD NAWAZ — Petitioner Versus DISTRICT AND SESSIONS JUDGE and others — Respondents |
| Primary Law | Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 |
Q1: What are the key laws and sections cited in 2003 PLP 1720 (SCMR)?
This judgment primarily cites: Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 1720 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munir A. Sheikh and Falak Sher, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 1720 (SCMR) (MUHAMMAD NAWAZ — Petitioner Versus DISTRICT AND SESSIONS JUDGE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Pervaiz Inayat Malik, Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- Date of hearing: 25th April, 2003.
Headnotes / Summary
(On appeal from the judgment, dated 18-12-2002 of the Punjab Service Tribunal passed in Appeal No. 1902 of 2002).
Rr. 6 & 7
Punjab Removal from Service (Special Powers) Ordinance (IV of 2000), Ss.3 & 13
Constitution of Pakistan (1973), Art.212(3)
Disciplinary proceedings pending against civil servant under Punjab Civil Servants (Efficiency and Discipline) Rules, 1999-- Switching over such proceedings to Punjab Removal from Service (Special Powers) Ordinance, 2000 and imposing penalty thereunder on civil servant
Disciplinary proceedings initiated prior to coming into force of Ordinance, 2000 would be completed under Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 and not under Ordinance, 2000
Supreme Court set aside impugned order/judgment and remanded case to Departmental Authority for decision under (Efficiency and Discipline) Rules, 1999.
Judgment & Decree
MUNIR A. SHEIKH, J.
The notices issued to the respondents in pursuance of order dated 10-4-2003 have been returned with the report that some of them have gone on tour and the others have been transferred.
2. The grievance of the petitioner in this petition was that disciplinary proceedings were initiated against him under (E&D) Rules, Inquiry Officer was appointed who made report and the matter was pending before the Departmental Authority when proceedings were switched over to Punjab Removal from Service (Special Powers) Ordinance, 2000 and the petitioner was imposed penalty thereunder, which according to learned counsel for the petitioner could not be done as per terms of section 13 of the said Ordinance.
3. The contention appears to be correct, for section 13 of the Ordinance is explicit on the point that disciplinary proceedings initiated prior to coming into force of the said Ordinance were to be completed under (E&D) Rules, and not under this Ordinance.
4. For the foregoing reasons, this petition is converted into appeal the same is accepted, order dated 25-4-2000 imposing penalty on the petitioner under section 13 of the Ordinance and the judgment of the Punjab Service Tribunal dated 18--12-2002 are hereby set aside and the case is remanded to the Departmental Authority to proceed from the stage under (E&D) Rules when order dated 20-4-2002 was passed for passing order under the said rules. S.A.K./M-858/S Case remanded