Case Details

Citation(s)
1989 SLG 1611 1989 SLD 1611 1989 SCMR 1300
Supreme Court of Pakistan
Civil Petition No.827 of 1981, decision dated: 18-02-1989
GHULAM MUJADDID AND SAAD SAOOD, JAN, JJ

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GHULAM NABI

VS

COMMISSIONER, LAHORE DIVISION and others

Law: Constitution of Pakistan, 1973

Section: 212(3)

Constitution of Pakistan (1973)--Art.212(3)--Removal from service and reversion as an unemployed Clerk--Civil servant's departmental appeal was accepted with a direction that a proper enquiry after a charge-sheet to him be held--Civil servant however, was not reinstated in service; his appeal before Service Tribunal remained unsuccessful--Contention that civil servant had been removed from service without any inquiry and in defiance of the order of departmental appellate authority was found to without any foundation--Petition being devoid of merit, leave to appeal was refused. Abdul AZIZ, Advocate Supreme Court and Tanvir Ahmad, Advocate-on­ Record for Petitioner. Date of hearing: 18th February, 1989. ORDER SAAD SAOOD JAN, J.--The petitioner was serving as a junior clerk in the office of the Assistant Commissioner, (Saddar) Sub-Division, Sheikhupura on temporary basis lie was posted in a branch dealing with arm licences. A number of irregularities were detected and an inquiry was held by the General Assistant to the Deputy Commissioner. On the report of the inquiry officer, the Deputy Commissioner reverted him as unemployed clerk on the ground that his retention in service was undesirable. He filed an appeal before the Commissioner. His appeal was accepted with a direction that a proper inquiry after charge-sheeting .him should be held. Apparently, he was not reinstated in service. He filed an appeal before the Service Tribunal but without any success. He now seeks leave to appeal from this Court. 2.The case of the petitioner is that despite the directions of the Commissioner given on three occasions no proper inquiry was held against him and as…
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