Pakistan Case Law
1989 SCMR 1415 (2)

ABDUL WAHEED vs SECRETARY TO GOVERNMENT OF THE PUNJAB LOCAL

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Citation1989 SCMR 1415 (2)
CourtSupreme Court of Pakistan
Case No.Civil Petition No,286 of 1983 Appeal No,19/968 of 1981
Date1988-08-02
Judge(s)Ghulam Mujaddid Mirza, Saad Saood Jan
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for special leave to appeal filed by an Officiating Assistant Municipal Engineer against a judgment of the Punjab Service Tribunal. The petitioner challenged an order issued by the respondent, which had imposed a penalty of stopping three increments with cumulative effect. The core legal question before the Tribunal was the validity of imposing a penalty of withholding increments with cumulative effect. The Tribunal dismissed the petitioner's appeal against the order but modified the penalty, ruling that increments cannot be stopped with cumulative effect, and consequently converted the punishment to stoppage of three increments without cumulative effect. Upon review, the Supreme Court of Pakistan examined whether the Tribunal's modification of the penalty was in accordance with the law. The Court held that the Tribunal's decision to rectify the penalty by removing the cumulative effect was legally sound. Accordingly, the Supreme Court dismissed the petition for special leave to appeal, affirming that the Tribunal's modified order was not contrary to law. The key principle established is that the stoppage of increments in service matters cannot be imposed with cumulative effect.

Questions settled in this judgment
  • Can a penalty of stoppage of increments be imposed with cumulative effect in service matters?
  • Does a Service Tribunal have the authority to modify a disciplinary penalty imposed by a department?
service lawstoppage of incrementscumulative effectservice tribunaldisciplinary penaltyleave to appeal

ORDER

1. ' GHULAM MUJADDID, J.-- Abdul Waheed, Officiating Assistant Municipal Engineer, Lahore Municipal Corporation, Lahore, seeks leave to appeal against the judgment of Punjab Service Tribunal dated 15-1-83 whereby his appeal against the order dated 27-11-80 passed by the respondent relating to stoppage of his three increments with cumulative effect, was dismissed. However, the Tribunal made a little variation that no increment can be stopped with cumulative effect. Stoppage of three increments was considered without cumulative effect.

2. ' This relief was in accordance with law. Hence we don't think that the order of the Tribunal is contrary to law. Therefore, the petition for special leave to appeal filed by Abdul Waheed against the judgment of Punjab Service Tribunal is dismissed.

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