| Case ID |
f9f37ae6-a8f1-4863-995a-8bcf8661fd02 |
| Body |
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| Case Number |
506/231 of 1974 |
| Decision Date |
Mar 09, 1976 |
| Hearing Date |
|
| Decision |
The orders of reversion of Mr. Ghulam Rasool from the rank of officiating Inspector to Sub-Inspector were found to be void ab initio due to non-compliance with the prescribed procedure under Rule 13-A(1) of the West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960. The Tribunal concluded that the borrowing authority had exceeded its powers by imposing a penalty without the necessary consultation with the lending authority. Consequently, the appeal was accepted, and the orders treating the appellant as demoted were set aside. |
| Summary |
This case revolves around the unlawful reversion of Mr. Ghulam Rasool, who was serving on deputation as an Inspector of Police during a tumultuous period in East Pakistan. His promotion was duly communicated and acted upon, yet he was later reverted to his substantive rank without following the proper disciplinary procedures as outlined in the West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960. The Tribunal ruled against the validity of the reversion order, emphasizing the importance of adherence to established protocols in administrative actions. This case highlights critical issues related to government servant rights, the implications of wartime policies on civil service, and the necessity for due process in disciplinary actions. Keywords such as 'government servant rights', 'disciplinary action', and 'administrative justice' are pivotal in understanding the context and implications of this ruling. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Not available
|
| Lawyers |
Masud Ahmad Riaz,
A. G. Humayun
|
| Petitioners |
GHULAM RASOOL
|
| Respondents |
PROVINCE OF PUNJAB
|
| Citations |
1976 SLD 638,
1976 PLC 69
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960,
Punjab Administrative Tribunals Act (IX of 1974)
|
| Sections |
13-A(1),
4,
5(1)
|