Legal Case Summary

Case Details
Case ID 2d10039c-013e-4719-a0a8-bff9e90866d5
Body View case body.
Case Number Appeals Nos. 2194, 2195 of 2001, 150 of 2002 and 2
Decision Date Sep 20, 2002
Hearing Date Sep 18, 2002
Decision The Service Tribunal set aside the dismissal orders of the appellants, who were previously convicted by a Summary Military Court but later acquitted by the High Court. The court found that the actions taken against the appellants were unlawful, as the grounds for their dismissal were declared invalid. Consequently, the appellants were ordered to be reinstated into service, with the period of absence treated as leave due to them. This decision emphasizes the importance of lawful processes in disciplinary actions and the rights of civil servants during such proceedings.
Summary In this significant case involving civil service law, the Service Tribunal of Punjab addressed the appeals of several civil servants who were dismissed from service based on convictions by a Summary Military Court. The High Court had previously acquitted the appellants, ruling that their trial was unlawful due to the time elapsed since the alleged offences. The Tribunal, highlighting the principle of legality in disciplinary actions, ruled that the dismissal orders could not stand as the grounds for dismissal were annulled by the High Court’s decision. The Tribunal's judgment underscores the necessity for adherence to lawful procedures in disciplinary matters, safeguarding the rights of civil servants against unjust actions. This case serves as a crucial reference for future appeals related to service dismissals, setting a precedent for lawful conduct and fair hearings in administrative proceedings. Keywords related to civil service law, unlawful dismissal, and judicial review are vital for understanding the implications of this ruling.
Court Service Tribunal, Punjab
Entities Involved Not available
Judges SHAFQAT ALI HIJAZI
Lawyers Dr. Ehsan-ul-Haque Khan, Muhammad Aslam Awais
Petitioners Sh. MUHAMMAD UMER and others
Respondents SUPERINTENDING ENGINEER, HIGHWAY CIRCLE, LAHORE and others
Citations 2004 SLD 1590 = 2004 PLC 762
Other Citations Not available
Laws Involved Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, Punjab Service Tribunals Act (IX of 1974)
Sections R.4(1)(b)(iv), S.4