Case Details

Citation(s)
1984 SLG 520 1984 SLD 520 1984 SCMR 451
Supreme Court of Pakistan
Civil Appeal No. 25-P of 1983, decision dated: 16-11-1983 (On appeal from the judgment and order, dated 10-02-1981/ 15-05-1980 passed in Appeal No: 7 of 1979 by the Service Tribunal, N: W: F. P., Peshawar)
MUHAMMAD HALEEM, ACTG. C.J., SHAFIUR RAHMAN, ZAFFAR HUSSAIN MIRZA AND MIAN BURHANUDDIN KHAN, JJ

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Qazi FAIZUL HAQ---Appellant

VS

. N.-W. F. P. THROUGH THE CHIEF SECRETARY---Respondent

Law:

Section:

Constitution of Pakistan (1974)--------- Art. 212(3)--N: W. F. P. Civil Servants (Efficiency and Discipline) Rules, 1973, r. 5-Civil services-Departmental enquiry-Order of dismissal of civil servant passed without supplying copy of enquiry report and issue of second show-cause notice-Held, violation of Rules and hence set aside.-[Civil service]. S. Mir Muhammad v. N: W. F. P. Government through Chief Secretary PLD 1981. SC 176. S. M. Zaffar, Senior Advocate Supreme Court of Pakistan and M. Qasim Imam, Advocate-on-Record for Appellant. Amirzada Khan, Assistant Advocate-General, N.-W.. F. P. and Nur Ahmad Khan, Advocate-on-Record for Respondent: Date of hearing: 16th November, 1983. JUDGMEMT MUHAMMAD HALEEM, ACTG. C. J.-The appellant while serving as Extra Assistant Commissioner, Charsadda in 1978 allowed bail to Ghulam Rasool, who was charged for double murder on the basis of a, compromise-appli­cation purporting to be signed by the relations of the deceased whose statements were also recorded. Thereafter it transpired that those persons had impersonated the real relatives of the deceased, and by a false repre­sentation managed to secure the bail of the murderer. An application in this behalf was sent to the Deputy Commissioner, who referred it to the appellant and the appellant thereupon lodged two complaints against the persons responsible for making the false statements. Nonetheless the appellant was charge-sheeted for misconduct and as his reply was not found satisfactory, an enquiry was held by the Additional Commis­sioner, Peshawar, who found him guilty of misconduct. The enquiry report, dated the…
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