Law: Constitution of Pakistan, 1973

Section: 212(3)

Constitution of Pakistan (1973)--Art.212(3)--Service Tribunal modified order of dismissal with compulsory retirement on the ground of length of service and protracted trial--Order passed was within competence of Tribunal as appellate authority--Tribunal gave reasons which got support ex facie from protracted proceedings in the case--No question of law of public importance had arisen--Leave to appeal refused. M. Yamin Qureshi v. Islamic Republic of Pakistan and another P L D 1980 S C 22 ref. Abdul Saeed Khan Ghori, Advocate-on-Record for Petitioners. R.A. Qureshi, Advocate-on-Record for Respondent. Date of hearing: 21st September, 1988. JUDGMENT SHAFIUR RAHMAN, J.--The petitioners seek leave to appeal under Article 212(3) of the Constitution against the judgment of the Service Tribunal dated 31-12-1986 whereby an order of dismissal passed against the respondent was set aside and substituted by an order of his compulsory retirement. The facts of the case disclosed that the petitioner was posted in Special/Crimes Branch (Immigration KPT) Karachi in 1974-75 and by then rendered about 25 years of service when he was proceeded against for being engaged in subversive activities. He was discharged from service by an order dated 24-4-1975 by the Deputy Inspector-General of Police, Special Branch Sind. On appeal the Inspector-General of Police held that the Deputy Inspector-General of Police was not the appointing authority but the appellate authority and remanded the case to the Superintendent of Police directing him to pass the proper orders but at the same time directed that no inquiry was called for. The Superintendent of Police dismissed him from service. His departmental appeal failed. His appeal to the Service Tribunal was however, allowed on 25-3-1979 on some technical and legal grounds. Another inquiry under the rules then applicable, was held while his suspension from service was continued and once more a dismissal order was passed on 12-12-1983. He again appealed to the Service Tribunal which after exhaustively dealing with all the aspects of the case reduced the penalty to compulsory retirement observing as hereunder:-- "We now concentrate on the last ground…

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