Case Details

Citation(s)
1989 SLG 855 1989 SLD 855 1989 SCMR 999 1989 SLD 1411 1989 SCMR 999
Supreme Court of Pakistan
Civil Petition No.298-R of 1988, heard on 7-02-1989
NASIM HASAN SHAH AND ALI HUSSAIN QAZILBASH, JJ

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FAZAL AKHTAR

VS

DISTRICT AND SESSIONS JUDGE, RAWALPINDI and another

Law: Constitution of Pakistan, 1973

Section: 212(3)

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--Rr.4 & 6--Constitution of Pakistan (1973), Art.212(3)-- Dismissal from service for misconduct--Leave to appeal was granted to consider whether a major penalty could be imposed on the solitary statement of the complainant and whether law laid down by Supreme Court in cases reported as i0T3 S C M R 455 and S C M R 1562 had been. followed in the case. Asif Hussain Siddiqui, Advocate Supreme Court and Manzoor Ilahi, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 7th February, 1989. ORDER ALI HUSSAIN QAZILBASH, J.--.This is a petition for leave to appeal from the judgment of the Punjab Service 'Tribunal, Lahore, dated 7-6-1988. 2. The petitioner was serving as a "Naib Qasid" in the office of the District. and Sessions Judge, Rawalpindi, and was attached to the Additional District Judge, Rawalpindi. The murder case of the father of one Zahid Hussain was pending in the Court of the Additional Sessions Judge where a complaint was lodged by him that the petitioner demanded Rupees sixty thousand as illegal gratification in the name of the Presiding Officer. On 6-I1-1984 Zahid Hussain appeared before the trial Court, and submitted an application to the effect that the petitioner has been receiving amounts from him in the account of the Additional Session Judge daring the trial and ultimately asked to pay him Rupee, sixty thousand if he wanted to get the assailants of his father convicted. The statement of the complainant was recorded by the Additional Sessions Judge and the same was forwarded…
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