Law:

Section:

(On appeal from the dated 18-4-1994 passed by the Federal Service Tribunal, Islamabad, in Appeal No. 96(R) of 1994). Constitution of Pakistan (1973)--- ----Art. 212(3)---Civil service---Imposition of major penalty of reduction to lower post---Civil servant's appeal against such penalty dismissed by Service Tribunal---Validity---Civil servant claiming that same allegations having been levelled against one of his associate civil servants, he was initially removed from service and on appeal was re-instated by Service Tribunal and that his own appeal having been heard by another Bench, his appeal had been dismissed---Civil servant did not raise any such objection before Service Tribunal when his appeal was being heard---Charges levelled against civil servant were, however, quite distinguishable from those levelled against his said associate who was not exonerated from the charges by Service Tribunal, while ordering his reinstatement in service but had stopped his three increments---Civil servant's case, thus, could not be deemed to have been treated differently from that of his associate civil servant---Judgment rendered by Service Tribunal did not suffer from any infirmity calling for interference--­Leave to appeal was refused in circumstances. Fazal Ellahi Siddiqui, Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Raja Muhammad Bashir, Deputy Attorney-General for Pakistan for Respondents. Date of hearing: 16th January, 1995. ORDER MIR HAZAR KHAN KHOSO, J.---Petitioner, Muhammad Sharif Toor, seeks leave, to appeal against the judgment dated 18-4-1994 passed by the Federal Service Tribunal, Islamabad, whereby his appeal was rejected and the order dated 6-5-1993 passed by the Chairman, Pakistan Narcotics Control Board, Islamabad, regarding his reduction to lower rank from Inspector (BPS-14) to F.I.O. (BPS-11) was maintained. 2. The facts giving rise to this petition are that on 22-1-1992 one kilogram of heroin and 300 grams of Charas were recovered from notorious drug dealer, Sarwar alias Sarwari. FIR in respect of the same was registered at Police Station Waris Khan, Rawalpindi. During interrogation Sarwar disclosed that…

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