| Case ID |
d617c347-b157-4635-842b-290142d80a4b |
| Body |
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| Case Number |
244/173 of 1978 |
| Decision Date |
Feb 15, 1979 |
| Hearing Date |
|
| Decision |
The Tribunal has accepted the appeal of Muhammad Iqbal Butt, determining that the demotion from Inspector to Sub-Inspector was executed by an authority lacking the requisite competence. The proceedings initiated prior to the enactment of the 1975 rules, which were applicable at the time of the original charge-sheet, dictated that the Secretary, Board of Revenue held the authority to impose such penalties. The Tribunal found that the orders were issued by an incompetent authority and thus set aside the demotion. This decision emphasizes the importance of adhering to the correct procedural authority as stipulated in the relevant delegation of powers rules. |
| Summary |
In the case of Muhammad Iqbal Butt vs. Secretary to Government of Punjab, the Service Tribunal addressed a dispute regarding the demotion of the appellant from Inspector to Sub-Inspector within the Excise and Taxation Department. The appellant contended that the authority responsible for his demotion was not competent to enact such a decision. The Tribunal analyzed the procedural history, noting that the original charge-sheet was issued in 1975 under the West Pakistan Excise and Taxation Department Delegation of Powers Rules, 1962. The Tribunal concluded that the authority capable of imposing penalties at that time was the Secretary, Board of Revenue. The introduction of the Punjab Excise and Taxation Department Delegation of Powers Rules, 1975 did not retroactively validate the actions taken under the earlier rules. The Tribunal's ruling underscores the necessity of compliance with established legal protocols and highlights the significance of authority in administrative proceedings, setting a precedent for future cases involving procedural legitimacy in disciplinary actions within government departments. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
M. Saleem Chaudhry,
Khalid Faruq,
A. H. Aslam
|
| Lawyers |
Malik Muhammad Nawaz,
A. G. Humayun
|
| Petitioners |
Muhammad Iqbal Butt
|
| Respondents |
Another,
Secretary to Government of Punjab, Excise and Taxation Department
|
| Citations |
1980 SLD 1307,
1980 PLC 19
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Excise and Taxation Department Delegation of Powers Rules, 1962,
Punjab Excise and Taxation Department Delegation of Powers Rules, 1975
|
| Sections |
3(2)
|