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Constitution of Pakistan (1973)-----Art. 212(3)--Service Tribunals Act (LXXI of 1973), S.3-A(2)(6)-­Difference of opinion between two members of Tribunal--Reference t( Chairman of Tribunal for resolving difference--Leave to appeal granted to consider question of validity of action of Chairman, where instead o resolving difference of opinion between two members, he chose to a totally different course of action. Fakhruddin G. Ibrahim, Advocate Supreme Court with Faizanul Haq, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 2nd May, 1985. JUDGMENT ABDUL KADIR SHAIKH, J.--Facts of this case briefly state( are that while petitioner was posted as Assistant Director of Import: and Exports, Karachi a departmental enquiry was held against him or 8 charges. The Enquiry Officer absolved him of 7 charges but help him guilty under one charge only, namely, charge No.1, to the extent that he "had manifested lack of care and caution in processing the documents in all the 163 cases" of import of cars. As a result, petitioner was dismissed from service under a notification dated 10th June, 1980. Petitioner filed a review petition against this order and after having awaited the reply for the statutory period of 90 days, he filed an appeal before the Federal Service Tribunal. The appeal was heard, in the first instance, by two learned Members of the Tribunal who were equally divided in their opinion. One (Mr. A.O. Raziur Rahman) was of the view that the appeal should be allowed and the petitioner should be re-instated in service as the finding of the Inquiry Officer that petitioner had manifested lack of care and caution in processing the documents of the imported cars cannot be sustained. The second learned Member (Brig. Abdur Rashid), on the other hand, while agreeing with this view to some extent yet held the petitioner guilty not only on charge No. 1, but also on charges Nos. 2 and 8 of which he was exonerated by the Inquiry Officer. In view of the difference of opinion between the two learned Members, the appeal was finally heard by the Chairman of the Service Tribunal under the provisions of section 3-A (2) (b) of Service Tribunals Act, 1973. Learned…

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