Law: Constitution of Pakistan, 1973

Section: 212(3)

(a) Service Tribunals Act (LXXI of 1973)--S 4--Constitution of Pakistan (1973), Art. 212(3)--Leave to appeal was granted to consider whether Service Tribunal had failed to appreciate that appellant was exonerated by Inquiry Officer of charges levelled against him and held him guilty of some other charges of misconduct disclosed during course of inquiry which were irrelevant of the statement of allegations or charge-sheet served on appellant. (b) Service Tribunals Act (LXXI of 1973)-- ---5. 4--Dismissal from service--Appellant dismissed from .service on charges of illegal gratification--Record of inquiry showing that in preliminary enquiry appellant had categorically admitted that members of Field Security Team visited his residence and appellant deposited a certain sum with them--Appellant, however in his statement at a later stage had totally denied visit of members of Field Security Team to his residence--Such contradictory statements on the part of appellant showing his guilty conscience by his own conduct which clearly made him responsible for commission of alleged offence beyond any doubt-Finding recorded by Federal Service Tribunal upholding dismissal of appellant was based on proper appreciation of inquiry proceedings on record--Appellant was unable to point out any infirmity therein--Interference declined in order of Tribunal in circumstances. Hameed M. Siddiqui, Advocate Supreme Court and A. Aziz Dastgir, Advocate-on-Record for Appellant. Imam Ali Qazi, DAG, S. Shahidul Haq, Advocate Supreme Court and Muzaffar Hassan, Advocate-on-Record for Respondents Nos. 2 to 4. Respondent No. l: Ex parte. Date of hearing: 1st September, 1988. JUDGMENT USMAN ALI SHAH, .J.--Leave to appeal was granted to the appellant to consider whether the Federal Service Tribunal has failed to appreciate that the appellant was exonerated by the Inquiry Officer of the charges levelled against A him and held him guilty of some other charges of misconduct disclosed during the course of inquiry which were irrelevant of the statement of allegations or the charge-sheet served on the appellant. The appellant who is now dead, was serving as Chargeman in the Army Stores Inspection Depot,…

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