SARWAR MASIH vs CHAIRMAN PUNJAB LABOUR APPELLATE TRIBUNAL F — 2024 PLC 146 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 PLC 146 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: PLC
Parties: SARWAR MASIH vs CHAIRMAN PUNJAB LABOUR APPELLATE TRIBUNAL F
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SARWAR MASIH VS CHAIRMAN PUNJAB LABOUR APPELLATE TRIBUNAL F.R. 54---Constitution of Pakistan, Art. 199---Constitutional petition---Reinstatement in service---Acquittal in criminal case---Petitioner was arrested in a criminal case and was confined in prison---Authorities dismissed him from service due to his absence for duty---Petitioner after his acquittal in criminal case sought his reinstatement on the plea that no notice was ever served upon him under the law---Validity---Departmental and criminal proceedings have no overlapping effect on each other rather the same carry their independent status---No inquiry was conducted against petitioner prior to imposition of major penalty of dismissal from service and departmental proceedings conducted at his back could not be considered as sacrosanct---Both forums below failed to appreciate such facts of the case in their true perspective and did not apply law on the subject, judicially---High Court set aside the order dismissing petitioner from service and remanded the matter to authorities for decision afresh---Constitutional petition was allowed accordingly. Citation Name: 2024 PLC 146 LAHORE-HIGH-COURT-LAHORE SARWAR MASIH VS CHAIRMAN PUNJAB LABOUR APPELLATE TRIBUNAL Show-cause notice---Served to employee---Wrong provision of law---Effect---If rules referred to in show-cause notice were not alive, then such show-cause notice cannot be considered as a case of wrong provision of law.

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