Law: Constitution of Pakistan, 1973

Section: 212(3)

Constitution of Pakistan (1973)--Art. 212(3)--Service Tribunals Act (LXX of 1973), S. 4--Dismissal from service--Respondent Assistant Registrar, Joint Stock Companies dismissed from service for violating departmental instructions issued through a letter and reiterated by a telephonic call by Head Office to the effect that in future no company should be registered which was formed with the object of conducting financial operations--Respondent contended that on that very day when instructions were received by him, he had already registered a company which had amongst its objects carrying on of financial operations--Inquiry was held, and Inquiry Officer recommended to Establishment Division that respondent should be reduced in rank but President of Pakistan on recommendation of Establishment Division, dismissed respondent from service--Service Tribunal after examining evidence came to the conclusion that charges levelled against respondent had not been established and therefore reinstated him with all attending benefits--Order of dismissal of respondent was passed by President on basis of summary submitted by Establishment Division and ground given by latter in support of its recommendation was the alleged defiance of departmental instructions--It was question of fact whether respondent knew of instructions on the subject at the time he registered a company--Inquiry Officer was himself not sure whether respondent was guilty of defiance and contented himself by saying that respondent could at least withhold certificate of incorporation after becoming aware of departmental instructions--Respondent was dismissed from service on basis of charge which was found not to have been established--Service Tribunal, held, was justified in directing reinstatement of respondent in circumstances. Sajjad Ahmad Sipra, Deputy Attorney General for Pakistan instructed by Ch. Akhtar Ali, Advocate-on-Record for Appellants. Raja M. Anwar, Advocate Supreme Court and Ch. Qamaruddin Khan Meo, Advocate-on-Record (absent) for Respondent. Date of hearing: 26th April, 1988. JUDGMENT SHAD SAOOD JAN, J.--This is an appeal by special leave from the judgment of the Federal Service Tribunal whereby…

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