DIVISIONAL SUPERINTENDENT (WORKSHOP), P. W. R., LAHORE vs MUHAMMAD — 1971 PLD 355

Citation: 1971 PLD 355

Court: Lahore High Court

Year: 1970

Decision Date: 1970-04-06

Parties: DIVISIONAL SUPERINTENDENT (WORKSHOP), P. W. R., LAHORE vs MUHAMMAD SHAFI

Headnotes

Case cited as PLD 1971 Lahore 355

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Fazle Ghani Khan Title:DIVISIONAL SUPERINTENDENT (WORKSHOP), P. W. R., LAHORE vs MUHAMMAD SHAFI Case No.: Civil Revision No, 18 of 1970 Date of Judgment:1970-04-06 Reported As: PLD 1971 Lahore 355 Result: Dismissed in limine Judgment ORDER The respondent was removed from his service by the Divisional Superintendent, Pakistan Western Railway, where he was employed in Carriage and Wagon Shop, Moghulpura, Lahore on 4-1-1961. His service appeal was, however accepted by the General Manager (Personnel) on the 18th of February 1963 and it will be useful to reproduce the order of his re-instatement in this context :- "The case of the above-named has been examined and it has been observed that the rule quoted in your above-cited letter has no relevancy with this case in which the employee concerned had not admitted the charges. Failure to submit defence cannot be considered as admission of the charges. Dispensing with the departmental enquiry which is mandatory constitutes a serious legal flaw in the procedure due to which his discharge is illegal and ultra vires of the rules. The employee should therefore be put back to duty and if considered necessary action may be taken 'de novo'. Please acknowledge receipt." 2. From the above order it appears that the respondent was discharged from service in an illegal manner and the order of the Divisional Superintendent Workshop, P. W. R., Moghalpura, Lahore was held ultra vires of the rules by…

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