Case Details

Citation(s)
1981 SLG 2059 1981 SLD 2059 1981 PLC 123
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 951 of 1976, decided on 3rd November 1976.
ANWARUL HAQ, MUHAMMAD GUL, MUHAMMAD AKRAM AND MUHAMMAD HALEEM, JJ

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MUHAMMAD SADIQ KHOKHAR

VS

ENGINEER-INCHIEF, PAKISTAN ARMY; G. H. Q. AND ANOTHER

Law:

Section:

(On Appeal from the Judgment and Order of the Lahore High Court, Lahore, dated 6-8-1976 in Writ Petition No. 2935/5 of 1976). (a) Service Tribunals Act (LXX of 1973)- - Ss. 3 & 4-Double jeopardy - Natural justice, principles -of­ Petitioner civil servant charged with misconduct and removed from service by an officer lower in rank than petitioner's appointing authority and on such mistake being detected re-instated but suspended simulta­neously to face fresh inquiry under orders of appointing authority­Second inquiry, held, did not offend against principles of natural justice or double jeopardy particularly when petitioner not shown to have been absolved of charge of misconduct. (b) Constitution of Pakistan (1973)-- -----Art. 212(2) read with Service Tribunals Act (LXX of 1973), S. 4-­Appeal-Writ petition-Maintainability-Petitioner civil servant feeling aggrieved from order of his suspension-Petitioner's grievance, held, germane to terms and conditions of his service-Dispute with regard to terms and conditions of service falling within exclusive jurisdiction of Service Tribunal, writ petition before High Court, held, rightly held to have been not maintainable. Syed Inayat Hussain, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 3rd November, 1976. JUDGMENT MUHAMMAD GUL, J.--This Leave Petition is from the judgment of the High Court at Lahore dated ti-8-1976 whereby writ petition moved by the petitioner herein was dismissed in limine. The petitioner entered service as Superintendent in M. E. S. and was posted in GHQ at Rawalpindi. He claims to be a civil servant and that position does not appear to have been questioned. In due course the peti­tioner was promoted as Instructor and transferred to the Military College of Engineering at Risalpur. From the Military College of Engineering the petitioner was transferred to P. A. F. Establishment in Karachi in July, 1973. It appears that after his transfer to Karachi the petitioner was charged with misconduct in relation to his service in the Military College of Engineer­ing. The Memorandum of Charges was served by the Commandant Military College who also appointed as Enquiry Officer. As a…
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