Law:

Section:

(a) Constitution of Pakistan (1973)--- Art. 212(3)-N.-W. F. P. Police Rules, 1975, r. 11 (c)-Leave to appeal-Granted to consider whether only remedy against order of I. G. P. removing petitioner from post of Motor Vehicle Examiner was review petition and whether such remedy was indeed availed of by petitioner. (b) N.-W. F. P. Police Rule, 1975- -- Rr. 2(1) & 11 read with West Pakistan Motor Vehicles Rules, 1969, r. 35, N.-W.F, P. Civil Servants Act (XVIII of 1973), S. 22, N.-W. F. P. Service Tribunals Act (I of 1974), S. 4 and N: W. F. P. Government Servants (Efficiency and Discipline) Rules, 1973 - Motor Vehicle Examiner-Not governed by Police Rules but a civil servant within meaning of Civil Servants Act-Appellant instead of filing a departmental appeal under S. 22 of Civil Servants Act against his removal from service making mercy petitions to I. G. P.-Appeal against order of Service Tribunal rejecting appeal of Civil Servant as incompetent for not availing of proper remedy-Held, without any merit. Nisar Muhammad Khan, Advocate Supreme Court, instructed by M. Qasim Imam, Advocate-on-Record (absent) for Appellant. Bashirullah Khan, Assistant Advocate-General (N.-W. F. P.) with Noor Ahmad Khan, Advocate-on-Record (absent) for Respondents. Date of hearing: 26th March, 1984. JUDGMENT S. A. NUSRAT, J.-This appeal by special leave is from the order of the N: W. F. P. Service Tribunal dated 2-1-1982 whereby the appellant's appeal challenging the order of termination of his services dated 27-1-1980 passed by the Inspector-General of Police, N.-W. F. P. (first respondent herein) was dismissed. The appellant held the post of Motor Vehicles Examiner. While serving at Kohat he was charge-sheeted in 1979 for having indulged in corrupt practice of issuing fitness certificates in respect of public vehicles without adhering to the rules and regulations and for doing so with ulterior motive, recording entries in relevant papers/record in an un-procedural manner which amounted to grave misconduct and having persistent reputation of being corrupt. The appellant furnished his reply to the charge-sheet whereupon an Enquiry Officer was appointed, who after conducting regular…

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