Law:

Section:

(a) Civil Procedure Code (V of 1908)-S. 11 read with Constitution of Pakistan (1973), Art. 212(3)-Service appeal-Remand-Res judicata-Service Tribunal on first presentation of appeal by respondent directing Departmental appeal to be deemed pending and relevant Departmental authority directed to decide same afresh-Order of Tribunal as such in nature of remand-Departmental authority interpreting order as an order of remand, rehearing matter and passing fresh order-Previous in circumstances, held, did not operate as res judicata in regard to issue involved ­Government if aggrieved with final direction of Tribunal they ought to have challenged order by means of petition for leave to appeal before Supreme Court but not having done so could not raise such objection at such last stage.-[Res judicata- -Civil service]. (b) Constitution of Pakistan (1973)- -- Art. 185(3)-Words and phrases-Removal from service-Cannot be equated with removal from post held by a civil servant-Remolval from service-Involves severance from Government service and such matter within jurisdiction of Service Tribunal-Removal from post­ Envisages merely depriving a civil servant of a post on ground of inefficiency vis-a-vis duties connected with such post and assigning him some other post.-[Words and phrases-Civil service]. ORDER ZAFFAR HUSSAIN MIRZA, J.-This petition for special leave to appeal under Article 212(3) of the Constitution is directed against the judgment and order of the Baluchistan Services Tribunal, Quetta dated 27-6-1981, whereby the appeal of the respondent was accepted and order of his removal from service was set aside, with a further declaration in view of subsequent events, that he shall be deemed "to be in service from 5-5-1976 to 7-10-1980". The facts necessary for the disposal of this petition briefly are that the respondent was appointed as Assistant Industries Development Officer on 22-1-1971. He was assigned the duties of an Inspection Officer of Stores procured by the Government of Baluchistan in various departments. It was alleged against him that in the course of his duties, he had issued a false certificate to a Contractor in respect of M. S. Bars, required for the…

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