| Case ID |
164eac3b-f317-4c49-be0c-5ed49de3689a |
| Body |
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| Case Number |
Appeal No. 875/493 of 1974 |
| Decision Date |
Apr 22, 1979 |
| Hearing Date |
|
| Decision |
The appeal filed by Muhammad Alamgir Khan, an ex-Assistant Sub-Inspector of Police, was dismissed as time-barred due to failure to explain the delay in filing the appeal. The Tribunal held that the abatement occurred automatically upon the establishment of the Tribunal on July 22, 1974, and the appellant was required to file his appeal within a prescribed period of 90 days, which he failed to do. The Tribunal also rejected the argument that the discharge order from service was void ab initio, stating that the appellant was a probationer and could be discharged without departmental proceedings if his performance was unsatisfactory. The decision emphasized the importance of compliance with legal procedures and the principle of natural justice. |
| Summary |
In the case of Muhammad Alamgir Khan vs. Province of the Punjab, the Service Tribunal of Punjab ruled on the appeal concerning the discharge of a probationary police officer. The case revolved around the interpretation of the Punjab Service Tribunals Act, specifically Section 8, regarding the limitation period for appeals. The Tribunal noted that the appeal was filed after the prescribed 90-day period, following the automatic abatement of the previous writ petition. The ruling highlighted the necessity for timely action in legal proceedings and clarified the authority of the Superintendent of Police in discharging probationers. This case serves as a critical reference for understanding the procedural requirements in service tribunal matters, particularly regarding limitations and the rights of probationary employees. Keywords such as 'Punjab Service Tribunal', 'discharge of probationer', and 'legal limitations' are essential for SEO optimization. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
M. Saleem Chaudhry,
Khalid Faruq
|
| Lawyers |
Masud Ahmad Riaz,
A. G. Humayun
|
| Petitioners |
Muhammad Alamgir Khan
|
| Respondents |
Province of the Punjab
|
| Citations |
1980 SLD 1300,
1980 PLC 23
|
| Other Citations |
PLD 1976 S C 195,
PLD 1965 Kar. 100,
PLD 1970 Lah. 811,
1978 N L R 105,
PLD 1972 Lah. 682,
PLD 1965 S C 399
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
8
|