| Citation(s) |
|---|
| 1980 SLG 514 1980 SLD 514 1980 SCMR 337 |
Supreme Court of Pakistan
Civil Petition No. 79 R of 1979, decision dated: 28-10-1979. (On appeal from the judgment and order of the Service Tribunal, Islamabad, dated 16 1 1979, in Appeal No 44 (R) of 1977).
ANWARUL HAQ, C.J. AND MUHAMMAD AFZAL ZULLAH, J
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Civil Petition No. 79 R of 1979, decision dated: 28-10-1979. (On appeal from the judgment and order of the Service Tribunal, Islamabad, dated 16 1 1979, in Appeal No 44 (R) of 1977).
ANWARUL HAQ, C.J. AND MUHAMMAD AFZAL ZULLAH, J
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ABDUL RAZZAQ
POSTMASTER GENERAL
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185 (3) Leave to appeal sought on grounds that Service Tribunal failed to examine evidence to satisfy itself whether charges stood proved or not against petitioner and also failed to examine propriety of punishment awarded to petitioner Tribunal, however, found to have examined evidence properly and come to conclusion of several charges standing proved against petitioner and his dis¬missal being not inappropriate Petition dismissed in circumstances of case. [Evidence Civil service]. Rustom Ali Khan and others v. The State .and another 1968 SCMR 281 and Wali Muhammad v. The State 1969 SCMR 612 ref. ORDER ANWARUL HAQ, C J. This petition is barred by 14 days, but we condone the delay subject to all just exceptions, and proceed to examine it on merits. The petitioner Abdur Razzaq was serving as a clerk in Mandra Sub Post Office, when on 3rd December, 1974, he was served with a charge sheet containing nine counts. As he denied the allegations made against him, a regular inquiry was held by an Assistant Superintendent of Post Offices, and he was found guilty of all the charges except those at Serial Nos. 1, 6 and 7. As a result of these findings, he was dismissed from service by the Deputy Post Mater General on the 31st of August, 1976. His appeal was dismissed by the Postmaster General by his order dated the 20th of April, 1977. He then filed an appeal before the Federal Service Tribunal at Islamabad, but the same has been dismissed by the Tribunal by its order dated the 16th of January, 1979. He seeks leave to appeal. It is contended by Mr. M. S. Siddiqui, learned counsel for the petitioner (a) that the Tribunal has failed to examine the evidence to satisfy itself whether the charges stood proved or not against the petitioner, and (b) that the Tribunal has also failed to examine the propriety of the punishment awarded to. the petitioner. After hearing the learned counsel for the petitioner at some length we have formed the view that no justification has been made out for our interference in the matter. As to the first…
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