2000 S C M R 1321

[Supreme Court of Pakistan]

Present: Sh. Riaz Ahmed and Ch. Muhammad Arif, JJ
PROVINCE OF PUNJAB through Additional Chief
Secretary, Government of Punjab and another---Petitioners
versus
MUHAMMAD SIDDIQUE KHAN---Respondent
Civil Petition for Leave to Appeal No. 874-L of 1998, decided on 30th November, 1999.
(On appeal from the judgment/order dated 31-3-1998 passed by the Punjab Service Tribunal,
Lahore in Appeal No. 1680/94).
Constitution of Pakistan (1973)---
----Art. 212(3)---Dismissal from service---Regular inquiry not held---Service Tribunal had
rightly concluded that dismissal of civil servant from service and subsequent reduction in
punishment were violative of dictum laid down by Supreme Court in the case of Lal
Muhammad and another 1980 SCMR 850 and thus both the orders were set aside---Petition
for leave to appeal filed by the Department against the judgment of Service Tribunal being
without merit, was dismissed in circumstances.
Lal Muhammad and another v. Government of Sindh 1980 SCMR 850 ref.
Muhammad Sharif Butt, Advocate Supreme Court with Rao M. Yousaf Khan, Advocate-on-
Record for Petitioners.
Nemo for Respondent.
Date of hearing: 30th November, 1999.
ORDER
SH. RIAZ AHMED, J.---The Province of the Punjab through the Additional Chief
Secretary, Government of the Punjab and another seek (leave to appeal against the judgment
and order dated 31-3-1998 delivered by the Punjab Service Tribunal whereby it was held that
major penalty could not have been awarded to the respondent without holding a regular
inquiry and thus the order impugned date4 1-8-1994 dismissing the respondent from service
and the order dated 4-9-1994 whereby the punishment of dismissal was reduced and the
petitioner was demoted and reinstated were set aside. In fact it was conceded by the
contesting department before the Tribunal that without holding regular inquiry the major
penalties were imposed upon the respondent. In view of the dictum laid down by this Court
in the case reported as Lal Muhammad and another v. Government of Sindh (1980 SCMR
850) the Tribunal rightly concluded that the dismissal of the respondent from service and the
subsequent reduction in the punishment were
violative of the said dictum and thus both the orders were set aside.
2. After hearing the learned counsel at length, we do not find any merit in this petition. The
Tribunal had rightly acted in setting aside both the orders by placing reliance upon the law
laid down by this Court. The petition is dismissed.
Q.M.H./M.A.K./P-6/S Petition dismissed.