Case ID |
2c06f646-57c9-481f-bb80-797d86b06856 |
Body |
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Case Number |
Appeal No. 1204 of 2000 |
Decision Date |
Mar 19, 2002 |
Hearing Date |
Feb 19, 2002 |
Decision |
The appeal was accepted, and the orders dated 2-8-1999 and 27-3-2000 were set aside. The order dated 12-2-1999, which had converted the major penalty of dismissal into a minor penalty of censure, was restored. The appellant, Zubaida Bibi, was reinstated as a sweepress, with the intervening period treated as extraordinary leave without pay. The reasoning behind the decision underscored that the appellate authority had no power to review its own decision once made, reinforcing the principle that only the Government holds the authority to review under Rule 18 of the Punjab Civil Servants (E&D) Rules, 1975. |
Summary |
In a significant ruling by the Service Tribunal of Punjab, the case of Zubaida Bibi, a sweepress at the District Headquarter Hospital, Gujranwala, was addressed regarding her dismissal from service due to alleged absence for nine days. The Tribunal found that the dismissal was initially converted to a minor penalty upon appeal, but the authorities later attempted to reinstate the major penalty without proper grounds. The Tribunal clarified that once a case is decided, the authority lacks the power to review its decision, emphasizing compliance with the established rules of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. The Tribunal's ruling reinstated Bibi and highlighted the legal protections afforded to civil servants against arbitrary dismissals. |
Court |
Service Tribunal, Punjab
|
Entities Involved |
District Headquarter Hospital, Gujranwala,
Director Health Services, Gujranwala,
District Administration, Gujranwala
|
Judges |
CH. MUHAMMAD SARWAR, MEMBER-I
|
Lawyers |
Ch. Javed Iqbal
|
Petitioners |
ZUBAIDA BIBI
|
Respondents |
,
MEDICAL SUPERINTENDENT, DISTRICT HEADQUARTERS HOSPITAL, GUJRANWALA
|
Citations |
2002 SLD 1862,
2002 PLC 1007
|
Other Citations |
Not available
|
Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975
|
Sections |
4(1)(a)(i)(b)(iv),
16,
18
|