Law: Supreme Court Rules, 1980

Section: O.XI

Law: Pakistan Penal Code, 1860

Section: 302,324

Law: Constitution of Pakistan, 1973

Section: 189

Law: Criminal Procedure Code (V of 1898)

Section: 345(6)

(a) Civil service--- ----Government servant convicted for criminal offence---Acquittal on basis of compromise---Reinstatement in service---Legality---Both parties (i.e. the relevant department and the respondent-government servant) were interested in the holding of a proper inquiry in relation to the allegations leveled by the department against the respondent---Service Tribunal in the impugned had overlooked such aspect of the case and directed reinstatement of respondent as an immediate consequence of merely the compromise between the parties---Supreme Court directed that the department was to conduct a fresh inquiry in accordance with the provisions of law, which inquiry shall be completed within two months, and that the respondent shall have no entitlement to back benefits unless the allegations against him were dismissed in the inquiry [Majority view]. Per Qazi Faez Isa, J: Munib Akhtar, J dissenting. (b) Supreme Court Rules, 1980--- ----O. XI---Constitution of a larger Bench, request for---Powers of the Chief Justice of the Supreme Court---Scope---[Per Qazi Faez Isa, J]: When the Supreme Court passed a judicial order and referred the case to the Chief Justice for the constitution of a larger Bench then the Chief Justice did not have the discretion not to constitute a large Bench; his discretion in such a situation was limited to administratively determining the constitution of such bench]---[Per Munib Akhtar, J (dissenting): Any request made to the Chief Justice for constitution of a larger Bench, howsoever phrased or expressed, could not be tantamount to an "order" that mandatorily required the Chief Justice to constitute a larger Bench---Position of the Chief Justice was not, and could not be, reduced to a mere administrative conduit in such circumstances---Any inclination not to accede to a request for constituting a larger Bench was not binding on any subsequent holder of the office of Chief Justice---Matter rested, and must necessarily rest, in the hands of the Chief Justice alone. Per Qazi Faez Isa, J: Munib Akhtar, J dissenting. (c) Criminal Procedure Code (V of 1898)--- ----S. 345(6)---Penal Code (XLV of 1860), Ss. 302 & 324---Constitution of…

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