| Case ID |
0ac11f37-813b-4eee-a25f-7dc7d9c9addb |
| Body |
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| Case Number |
Appeal No. 1698 of 2014 |
| Decision Date |
Mar 03, 2017 |
| Hearing Date |
Feb 28, 2017 |
| Decision |
The appeal filed by Tahir Yaqoob, an ex-constable, was accepted. The court ruled that the dismissal from service was not competently issued, as the Superintendent of Police lacked the authority to initiate disciplinary proceedings under the Punjab Removal from Service (Special Powers) Ordinance, 2000. Consequently, the dismissal order and subsequent appellate decisions were deemed void. The case was remanded to the Capital City Police Officer for proper disciplinary proceedings, and the appellant was reinstated into service. The court emphasized that limitation does not apply to void orders. |
| Summary |
This case revolves around the appeal of Tahir Yaqoob, an ex-constable dismissed under the Punjab Removal from Service (Special Powers) Ordinance, 2000. The dismissal was challenged on the grounds that it was initiated by an authority lacking the requisite competence. The Service Tribunal found that the Superintendent of Police was not authorized to impose the penalty, as the competent authority was the Chief Minister or an officer authorized by him. As a result, the initial dismissal order was void, and the appellate decisions were also invalidated. The ruling underscores the importance of following legal protocols in disciplinary actions and clarifies that limitation periods do not apply to orders issued by incompetent authorities. This case highlights significant aspects of administrative law and the protection of civil servants' rights in disciplinary matters. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAR WALLANA
|
| Lawyers |
Rana Abdul Jabbar
|
| Petitioners |
TAHIR YAQOOB
|
| Respondents |
SUPERINTENDENT OF POLICE, HEADQUARTER (LAW AND ORDER), LAHORE,
Mr. Kewan Basit,
Mr. Khuda Yar,
Mr. Nabil Ahmad,
Mr. Tanvir Ashraf
|
| Citations |
2017 SLD 1292,
2017 PLJ 211
|
| Other Citations |
2015 PLC (CS) 151,
2016 SCMR 460
|
| Laws Involved |
Punjab Removal from Service (Special Powers) Ordinance, 2000,
Police Order, 2002
|
| Sections |
2(1)(aa),
23
|