Law:

Section:

Punjab Service Tribunal (Procedure) Rules, 1975-------R. 22---Constitution of Pakistan (1973), Art. 212(3)---Removal from service---Civil servant's appeal before Service Tribunal was dismissed as not pressed; civil servant being himself present in Court---Application for review of ---Service Tribunal dismissed such application on the ground that it had no jurisdiction to review its order---Validity---Review was competent in respect of clerical mistakes or such situation---Where, however, controversy between parties was as to factual aspect of the case and to decide whether allegation made by petitioners was correct, Service Tribunal could not review its order--­Supreme Court considering that petitioner was being knocked out on mere technical ground, examined the proceedings before Inquiry Officer and also the Inquiry Report but did not find any flaw therein---Leave to appeal was refused in circumstances. Muhammad Yousaf v. Government of Pakistan 1992 SCMR 1748 rel. ORDER SALEEM AKHTAR; J.---The petitioner seeks leave to appeal against the judgment of the Punjab Service Tribunal by which the appeal filed by him was dismissed. 2. The petitioner was removed from service by order dated 21-7-1988, who was serving as a-Laboratory Assistant in the DHQ Hospital, Kasur. The action was initiated on the report of Mst. Khurshid Bibi wife of Rehmat Ali in which she had complained that on 15-3-1988 when she and her companion came to the hospital, Moeenullah petitioner and Muhammad Hanif misbehaved with them. The Medical Superintendent ordered for an inquiry and all the three persons against whom complaint had been made, were suspended. An inquiry officer was appointed who held enquiry on 2-4-1988 and 6-4-1988. He submitted his preliminary report on 6-4-1988. On the basis of the inquiry report, the. petitioner was charge-sheeted and one Dr. Nasim Ahmad Chaudhry, Opthalmologist, DHQ Hospital, Kasur was appointed as authorised officer. The inquiry officer then fixed the date and after examining the witnesses and accused, report was submitted holding that the petitioner was guilty of attempt to rape Mst. Khurshid Bibi and was also guilty of mishandling her. A show-cause notice…

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