Law:

Section:

Constitution of Pakistan--- ---Art. 199---Constitutional petition---Maintainability---Civil service---Criminal and departmental proceedings---Effect---Departmental action was taken against civil servant who was dismissed from service and departmental appeal was dismissed against which no appeal was filed---Criminal proceedings were also initiated against the civil servant wherein he was acquitted---Plea of petitioner (widow of deceased) was that civil servant should be symbolically restored in service and he might not be treated as a "dismissed employee"---Validity---Where disciplinary action was taken solely on the ground that civil servant was involved in criminal proceedings, criminal act would have no concern with the department---Order of dismissal was not justified after acquittal from criminal case in circumstances---Where criminal proceedings were initiated on the basis of misconduct and side-by-side departmental proceedings were also initiated on same grounds, mere acquittal in criminal case would not discharge an employee from the consequences of departmental proceedings---Outcome of criminal proceedings in such circumstances had no bearing on the departmental proceedings---Husband of petitioner after his dismissal from service, did not challenge the same before the Service Tribunal---Remedy of deceased employee was available only before the service tribunal which he did not avail---Dismissal order had attained finality---Present constitutional petition had been filed after five years from the death of employee by his widow which was not maintainable---Constitutional petition was dismissed in circumstances. 2007 SCMR 537; 2007 SCMR 729; 2002 SCMR 57 and 1991 SCMR 209 distinguished. 1995 SCMR 500 rel. ORDER The petitioner is widow of late Abdul Waheed, who was an Assistant Sub-Inspector in the Police Department. The departmental action was taken against him and he was dismissed from service vide order dated 3-8-2000. The departmental appeal was dismissed on 12-4-2005. Thereafter he did not challenge his dismissal order before the Service Tribunal. He died on 13-11-2008. On 21-1-2013, the present petition was filed by the widow of the deceased Assistant…

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