Law:

Section:

Constitution of Pakistan-------Art. 185 (3)---Civil service---Fresh proceedings---Scope---Natural justice, principles of---Applicability---Departmental proceedings against civil servant were set aside by Service Tribunal and the was maintained by Supreme Court---Subsequently, authorities once again initiated proceedings on the same charge, which proceedings were set aside by High Court in exercise of constitutional jurisdiction---Plea raised by authorities was that the civil servant was proceeded against afresh---Validity---Once Service Tribunal had set aside the proceedings against civil servant and that was not interfered with by Supreme Court on facts, there was no occasion to again proceed against him for same charges---Such act of authorities was against the principles of natural justice---Initiating fresh proceedings did not mean that civil servant should be proceeded again on the same charges, which were nâ-žt found correct in earlier proceedings---Inquiry could only be conducted if there were charges other than the earlier charges on which service of civil servant was terminated---High Court had exercised jurisdiction in proper manner, therefore, no interference was called for---Leave to appeal was refused. Khalid Javed, Advocate Supreme Court and Shiraz Iqbal Chaudhry, Advocate-on-Record for Petitioner. M. Naseem, Advocate Supreme Court and Mazhar Ali B. Chohan, Advocate-on-Record for Respondents. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---This petition has been filed against the judgment dated 26-1-2010 passed by the High Court of Sindh, Karachi. 2. Brief facts of the case are that in the first round of litigation the respondent was removed from service without adhering to recognized principle and rule of law and he was deprived of his livelihood. As a result of such action he had to knock the door of Service Tribunal for redressal of his grievance. The Service Tribunal vide judgment dated 3-12-2002 considered his case on merit and concluded that order of termination of his service was not sustainable, therefore, appeal was accepted and he was reinstated. Relevant portion is reproduced hereinbelow:-- "....Further more, the perusal of the record…

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