Case Details

Citation(s)
2012 SLG 1398 2012 SLD 1398 2012 SCMR 181
Supreme Court of Pakistan
Civil Petition No. 66-K of 2011, decision dated: 9-06-2011 (On appeal from the judgment dated 11-10-2001 in Appeal No.127(K)(CS) of 2001 passed by the Service Tribunal, Karachi Bench)
ANWAR ZAHEER, JAMALI AND GHULAM RABBANI, JJ

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PAKISTAN RAILWAYS through G.M. and another

VS

ABDUL FATEH and another

Law:

Section:

(a) Constitution of Pakistan-------Art. 212(3)---Petition for leave to appeal---Limitation---Copy of order under appeal was dispatched to petitioner vide letter dated 23-11-2010 of Registrar of Service Tribunal which was received by petitioner on 29-11-2010, as recorded in departmental record and petition for leave to appeal was filed on 26-1-2011, i.e. before expiry of statutory period of 60 days---Petition for leave to appeal was filed within time. (b) Service Tribunals Act (LXX of 1973)--- ----S. 4---Constitution of Pakistan, Art. 212(3)---Reinstatement in service---Anonymous complaint---Multiple inquiries---Civil servant was dismissed from service and his departmental appeal was also dismissed---Service Tribunal set aside the order passed by authorities on the ground that since first Inquiry Officer did not prove the guilt against civil servant, there was no reason for holding four more inquiries on the same charge, and major punishment was awarded on an anonymous complaint without providing the civil servant an opportunity of cross examining complainant or any witness, which was not warranted under the law---Validity---Authorities failed to bring anything to the notice of Supreme Court to dislodge the view so expressed by Service Tribunal---Supreme Court declined to interfere in the passed by Service Tribunal---Leave to appeal was refused. Sanaullah Noor Ghouri, Advocate Supreme Court and Abdul Saeed Khan Ghouri, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 9th June, 2011. JUDGMENT GHULAM RABBANI, J.---This petition seeks leave against the judgment dated 11-10-2010 passed by the Federal Service Tribunal, Islamabad (Karachi Bench) whereby Service Appeal filed by the respondent Abdul Fateh was allowed. 2. Precisely stated the facts of the case are that the respondent, a Waterman in Pakistan Railways, was removed from service with immediate effect vide letter dated 30-4-2001 communicated to the respondent on 5-5-2001. Respondent's appeal preferred thereagainst was rejected vide order dated 6-6-2001. Petitioner preferred before the Federal Service Tribunal a Service Appeal which was allowed vide judgment impugned herein. 3. It is…
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