A bench of the Supreme Court of Pakistan while setting aside the decision of the Service Tribunal and the government officials against a petitioner.
Syed Nazar Abbas Jaffari, observed that each organ of the state must work within its limits as prescribed by the Constitution and the law.
The court held that the petitioner was penalised to act in accordance with the law while the respondent government officials of Gujranwala division had acted in violation of the mandatory provisions of the law.
The court observed that the scheme of the Constitution is based on tracheotomy of power and in this system the judiciary has the right to interpret, the legislator has to make legislation only while the executive has the responsibility to implement.
If all the prevailing circumstances, including the judgement of the court, action of the authorities and attitude of public representatives be considered deeply then it becomes crystal clear that the legislators and the executive have refused to give due respect to the dictum of the court, which is not congenial and conducive for the existence of the country, running the state affairs smoothly, mutual co-ordination, respect and understanding and will create chaos. The court converted the petition into an appeal and allowed the same.
The respondents had taken disciplinary action against the petitioner on the charges of issuing 606 appointment orders of the district cadre posts over the recommendation of the DRC and appointed many clause-IV employees for which he was not the appointing authority.
The respondents had awarded him major penalty of reduction in two stages in the time scale of his existing basic pay. The chief minister rejected his plea and the Punjab Service Tribunal converted the penalty of reduction in two stages in the time scale to minor penalty of withholding of one increment for two years. The petitioner, therefore, challenged the decisions and got relief.