LAHORE vs MUHAMMAD SHAFI Case No — 1970 PLC 742

Citation: 1970 PLC 742

Court: Lahore High Court

Year: 1970

Decision Date: 1970-04-06

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

Headnotes

Result: N/A 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.

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: 1970 PLC 742 Result: N/A 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 tae 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 a knowledge 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 the appellate…

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