Law: Constitution of Pakistan, 1973

Section: 212(3)

(a) Constitution of Pakistan (1973)--Art.212(3)--Service Tribunals Act (LXX of 1973), S.3-A(b)--Petition for leave to appeal--Appeal of appellant against his dismissal was heard by two Members of Service Tribunal who were divided in their opinion--Appeal was finally heard by Chairman who took totally a different view and held that appellant was seriously prejudiced due to non-supply of inquiry report to him and also due to absence of notice requiring him to explain why penalty of dismissal should not be imposed upon him--Chairman allowed appeal and set aside order of dismissal from service of appellant and remanded case for fresh disposal from stage where mischief was done--Leave to appeal was granted to examine plea inter alia that since on merits of case Chairman of Tribunal had agreed with view expressed by Member of Tribunal, Chairman should have granted benefit of doubt to appellant as proceedings were of criminal nature and such benefit had legitimately accrued to him--Another aspect of case which deserved consideration was that instead of resolving difference of opinion between two members of Tribunal, Chairman chose to resort to a totally different course of action, namely, directing fresh disposal of whole case which had exposed petitioner to serious risk of being found guilty on charges of which he had been exonerated. (b) Service Tribunals Act (LXX of 1973)- ---S.3-A(b)--Dismissal--Chairman of Service Tribunal to whom case of appellant was sent under S.3-A(b) of Service Tribunals Act, had not decided appeal on merits but arrived at conclusion that appellant was seriously prejudiced as he was not supplied with copy of inquiry report and also due to absence of notice requiring to explain why penalty of dismissal should not be imposed on him-­Chairman remanded case for fresh decision--Grounds on which Chairman had remanded case were no longer valid as appellant had already been supplied with the enquiry report and he had no further explanation to offer--Judgment of Tribunal set aside by Supreme Court and case remanded to Chairman for fresh decision in circumstances. Fakhruddin G.Ebrahim, Senior Advocate Supreme Court and M.L. Shahani, Advocate Supreme…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492