Law:

Section:

Civil service--- ---- Dismissal from service---Civil servant was dismissed from service on allegation that while he was posted as Deputy Superintendent in Central Excise and Land Customs he was involved in a case of evasion of Central Excise Duty and was convicted by Summary Military Court which sentenced him to suffer R.I. for six months with fine---Civil servant did not challenge order of dismissal before Tribunal at relevant time, but instead moved various Authorities and also filed Constitutional petition, but same was finally withdrawn---Conviction of civil servant on basis of which he was dismissed from service had not been set aside by Competent Authority, but on review was simply suspended, but suspension order was not countersigned and matter was still pending--­Suspension of conviction could not be termed as acquittal---Civil servant after failing to get relief from various Authorities, filed Departmental appeal after about 9 years from his dismissal which was dismissed---Civil servant had not challenged order of dismissal or appellate order before Tribunal in time and instead pursued remedy in wrong forums and matter had become time­barred---Order of dismissal of civil servant could not be set aside as same was based on his conviction by Summary Military Court and he had also failed to get relief from competent forum at relevant time. Muhammad Ahmad Siddiqi for Appellant. Date of hearing: 26th July, 1993. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN).--The facts of the appeal are that the appellant Mr. Anis War was working as Superintendent in the Central Excise and Land Customs, Karachi. In the year 1981 while posted as Deputy Superintendent at M/s. Tobacco International Company Limited for assessment of excise duty an FIR was lodged on the basis of the complaint of the then Collector to D.M.L.A., Karachi that there was evasion of Central Excise Duty. The matter was investigated by the Federal Investigation Agency ­(FIA). The appellant was involved and his case was sent up to the Summary Military Court, and he was convicted by judgment dated 27-9-1984 and was sentenced to suffer R.I. for six months with fine of Rs. one lac and in default to suffer R.I.…

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