IQBAL AHMAD AND OTHERS vs THE STATE AND OTHERS — 1969 PLD 407

Citation: 1969 PLD 407

Court: Board of Revenue

Year: 1970

Decision Date: 1970-11-14

Parties: IQBAL AHMAD AND OTHERS vs THE STATE AND OTHERS

Headnotes

Case cited as PLD 1969 SC 407

Judgment Text

Court Name: Board of Revenue Judge(s): Hasan Turab Ali Title: IQBAL AHMAD AND OTHERS vs THE STATE AND OTHERS Case No.: Service Revisions Nos, 39, 49, 51 to 55, 57 and 61 of 1969-70 Date of Judgment:1970-11-14 Reported As: PLD 1971 Rev. (Punjab) 37 Result: Petition dismissed Judgment ORDER These revision petitions were heard on 3-10-70 and decision was reserved on the legal point whether these revision petitions are competent on judicial side before the Member, Board of Revenue, Revision Petitions Nos, 51, 52, 53 and 54/1969-70 are in connection with retrenchment and the remaining revision petitions are in connection with punishment, of Patwaris. This single Order will dispose of all these revision petitions. 2. On the last date, the counsel for petitioners in Revision Petition No, 49 submitted written arguments containing the following six points, with reference to the queries raised by me, vide my order dated 5-9-1970: (1)So far as clause (3) of Article 178 of the Constitution of 1962 is concerned, it confers on the Government servant a right of appeal against punishments. It lays down that every such Government servant has a right of at least one appeal. It prescribes the minimum number of appeals and does not in any way place the maximum at one appeal. Any number of appeals can, therefore, be provided in the relevant service rules over and above the minimum one. Under this Constitutional provision a second appeal or revision is not barred by the Constitution. (2)Rule 16…

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