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PLJ 2006 SC 154

MUHAMMAD TARIQ vs DEPUTY COMMISSIONER, NAROWAL etc.

CitationPLJ 2006 SC 154
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 3589-L of 2002
Date2005-11-18
Judge(s)Faqir Muhammad Khokhar, Karamat Nazir Bhandari
ResultAppeal allowed

Faqir Muhammad Khokhar, J.--The petitioner seeks leave to appeal from judgment dated 12.6.2002, passed by the Punjab Service Tribunal, Lahore, in Appeal No, 2632/2000.

2. The petitioner, a Junior clerk, in the office of Deputy Commissioner, Narowal was dismissed from service by order dated 16.7.1999. His appeal was also dismissed by the Commissioner, Gujranwala Division, on 17.11.1999 on charges of misconduct for causing injuries to his colleague and for refusing to relinquish the charge on his transfer.

3. The learned counsel for the petitioner does not press this petition on merits but seeks the indulgence of this Court for modification of extreme penalty of dismissal from service and its conversion into removal from service.

4.The learned Assistant Advocate General, Punjab has approved the request of the petitioner.

5.We have heard the learned ASC and the Assistant Advocate General, Punjab. In the peculiar facts and circumstances of the case and the background in which the occurrence had taken place the case of reduction of extreme departmental penalty seems to have made out. Therefore, this petition is converted into appeal and is partly allowed. The penalty of dismissal from service of the petitioner as awarded by the departmental authorities and the Tribunal is converted into removal from service. The orders of the departmental authorities and the Tribunal shall also stand modified accordingly.

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