| Citation(s) |
|---|
| 1986 SLG 291 1986 SLD 291 1986 SCMR 44 |
Supreme Court of Pakistan
Civil Petition No. 344-R of 1985, decision dated: 12th October,1985. (On appeal from judgment dated 30-5-1985 of the Federal Service Tribunal, Islamabad in Appeal No.166 (R) of 1985).
ASLAM RIAZ HUSSAIN, ACTG. C.J., NASIM HASAN SHAH AND S.A. NUSRAT, JJ
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Civil Petition No. 344-R of 1985, decision dated: 12th October,1985. (On appeal from judgment dated 30-5-1985 of the Federal Service Tribunal, Islamabad in Appeal No.166 (R) of 1985).
ASLAM RIAZ HUSSAIN, ACTG. C.J., NASIM HASAN SHAH AND S.A. NUSRAT, JJ
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JAVID AHMAD BHATTI
VS
THE DIRECTOR-GENERAL, FEDERAL INVESTIGATION AGENCY
Law:
Section:
Constitution of Pakistan (1973)-----Art. 212 (3)--Service Tribunals Act (LXX of 1973), S.4-Misconduct--Removal from service--All questions raised in petition properly considered and adequately dealt with in order of Service Tribunal whereto no exception called for--No question of law of public importance arising either--Leave to appeal refused. Bashir Ahmad Ansari Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 12th October, 1985. ORDER NASIM HASAN SHAH, J.--The petitioner, who is a young man, joined in March, 1982 as Sub-Inspector Technical Wing in the F.I.A. but only a month thereafter while still under training committed a misconduct and the competent authorities found him disentitled for continuing in the said service and, accordingly, ordered that he be removed from office. This sad end has come about in the following circumstances. A sister of the petitioner (Miss Nasim Akhtar) was a teacher in the Government Girls High School Rawalpindi. Later on, an order was passed transferring her from the said School. This step was not liked by her. The petitioner herein, her brother, thereupon visited the Office of the District Education Officer (Womens Wing) Rawalpindi for this purpose representing himself as "Inspector" of the F.I. A . and also misbehaved with the officials on duty there. A preliminary probe into the incident was held, by an Assistant Director, F. I. A . , who opined that there was substance in the allegations made against the petitioner whereupon the Authorised Officer decided to proceed against him under rule 5(1)(iii) of the Government Servants (Efficiency and Discipline) Rules, 1973. This prescribes the shorter procedure in disciplinary cases, in that the formal inquiry is dispensed with and action can be taken after the issuance of a show-cause notice to the accused-officer and consideration of the explanation submitted thereto by him. The "authorised officer", who also heard the petitioner, besides taking into consideration his explanation, found him guilty of misconduct and opined that he was unsuitable for retention in the F.I.A. He further observed that though the…
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