Full Judgment Text & Judicial Ruling

2006 P L C (C

2006 P L C (C.S.) 557

[Supreme Court of Pakistan]

Present: Faqir Muhammad Khokhar and Ch. Ijaz Ahmad, JJ

MUHAMMAD TANVEER

Versus

CHIEF SECRETARY GOVERNMENT OF PUNJAB and others

Civil Petition No.348-L of 2006, heard on 17th March, 2006.

(On appeal from order dated 27-12-2005 passed by Punjab, Service Tribunal in Appeal No.2127 of 2005).

Punjab Service Tribunals Act (IX of 1974)--

----S.4---Penalty of reduction in pay scale by two stages---Failure to specify period of such penalty---Departmental Authorities imposed penalty of reduction in pay scale by two stages on civil servant but no such period was specified---Effect---Supreme Court converted the petition for leave to appeal into appeal and set aside the judgment passed by Service Tribunal and case was remanded to the Authorities to specify duration of period of penalty of such reduction in pay---Appeal was allowed.

Naim ul Hassan Sherazi, Advocate Supreme Court with Haji M. Rafi Siddiqui Advocate-on-Record for Petitioner.

Zubair Khalid, A.-A.G. Punjab Syed Riaz Hussain, Officer Incharge Cell Excise and Taxation Dept. for Respondents.

Date of hearing: 17th March, 2006.

JUDGMENT

FAQIR MUHAMMAD KHOKHAR, J.---The petitioner MTC/Junior Clerk of the Excise and Taxation Department was proceeded against departmentally on certain charges. The respondent No.2 imposed on him a penalty of reduction in pay scale by two stages vide order dated 13-1-2005. His departmental appeal was turned down by the Chief Secretary. Punjab, by order dated 4-8-2005. Therefore, he filed Service Appeal No.2127 of 2005 which was dismissed by the impugned judgment dated 27-12-2005 passed by the Punjab Service Tribunal, Lahore.

2. The learned counsel for the petitioner argued that the departmental authorities were required to specify a reasonable period for which penalty of reduction in pay by two stages was imposed.

3. The learned A.A.-G, on instructions from Syed Riaz Hussain, Officer Incharge, Legal Cell, Excise and Taxation Department stated that the departmental authority was willing to rectify the omission and to specify the period of penalty of reduction of the petitioner by two stages in pay scale.

4. In this view of the matter this petition is converted into an appeal and the same is allowed. The impugned judgment of the Tribunal as well as the orders dated 13-1-2005 and 4-8-2005 passed by the respondents are set aside. Consequently the case is remitted to the A Secretary to Govt. of Punjab, Excise and Taxation Department Lahore who will specify duration period of the penalty of reduction in pay of the petitioner under intimation to the Assistant Registrar Branch Registry, Lahore of this Court within two. months.

M.H./M-55/S Appeal allowed.

Related Legal Research & Directories

• Browse all judgments from Supreme Court of Pakistan
• Search Pakistani statutes: Constitution of Pakistan 1973, PPC, CrPC, CPC & Family Laws
• Analyze this case with Al Wakeelo AI Legal Assistant