Pakistan Case Law
K.L.R. 2006 S.C. 455

The Deputy Commissioner, Sahiwal And Another vs Muhammad Boota Asif

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CitationK.L.R. 2006 S.C. 455
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 2175-L/2001
Date2005-10-06
Judge(s)Falak Sher, Syed Jamshed Ali
ResultLeave Declined
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for leave to appeal filed by the Deputy Commissioner, Sahiwal against the judgment of the Service Tribunal, which had set aside the dismissal from service of the respondent, a Junior Clerk. The respondent was proceeded against under the Punjab Civil Servants (Efficiency & Discipline) Rules, 1999 on four charges and was dismissed from service by the competent authority. His departmental appeal was rejected, but upon approaching the learned Tribunal, it concluded that none of the charges stood proved against the respondent and noted that a regular inquiry was necessary in any case. The core legal question was whether the findings of the Tribunal warrant interference by the Supreme Court. The Supreme Court held that the petitioner's counsel failed to point out any substantial question of law of public importance to warrant interference. Consequently, the petition was dismissed and leave to decline was ordered. The key principle laid down is that the Supreme Court will not interfere with factual findings of the Service Tribunal unless a substantial question of law of public importance is made out.

Questions settled in this judgment
  • Whether the Supreme Court will interfere with the factual findings of the Service Tribunal in the absence of a substantial question of law of public importance?
  • Is a regular inquiry mandatory under the Punjab Civil Servants (Efficiency & Discipline) Rules, 1999 when charges are contested?
Laws & provisions referred
  • Punjab Civil Servants (Efficiency & Discipline) Rules, 1999
service tribunaldismissal from serviceefficiency and disciplinecivil servantpetition for leave to appealsubstantial question of law

ORDER

1. SYED JAMSHED ALI, J.- The respondent, Junior Clerk in the office of the Deputy Commissioner, Sahiwal, was proceeded against under the provisions of Punjab Civil Servants (Efficiency & Discipline) Rules, 1999. There were primarily four charges and was dismissed by the competent authority vide order 7.4.2000. His departmental appeal having been rejected, he approached the learned Tribunal. On examination of the record it came to the conclusion that none of the charges against the respondent stood proved. Accordingly, appeal of the respondent was allowed vide judgment dated 27.4.2001. Leave is sought against this order, lt was also noted that , in any case a regular inquiry was necessary. The learned counsel has not been able to point out any substantial question of law ,of public importance to warrant interference by this Court.

2. This petition is dismissed. Leave is declined.

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