| Citation(s) |
|---|
| 1997 SLG 577 1997 SLD 577 1997 PLC 72 |
Supreme Court of Pakistan
Civil Petition No. 650 of 1995, decision dated: 20-03-1996. (On appeal from the judgment of Federal Service Tribunal dated 24-9-1995 passed in Appeal No. 219(R)/95).
SALEEM AKHTAR, SAIDUZZAMAN SIDDIQUI, AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
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Civil Petition No. 650 of 1995, decision dated: 20-03-1996. (On appeal from the judgment of Federal Service Tribunal dated 24-9-1995 passed in Appeal No. 219(R)/95).
SALEEM AKHTAR, SAIDUZZAMAN SIDDIQUI, AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
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HUMAYUN IQBAL SHAMI
VS
PRIME MINISTER OF PAKISTAN through Secretary, Establishment Division and another
Law:
Section:
Government Servants (Efficiency and Discipline) Rules, 1973R. 4Constitution of Pakistan (1973), Art. 212(3)MisconductCharge of misconduct proved against civil servant and he was imposed penalty of 'censure'Service Tribunal dismissed civil servant's appeal against imposition of such penaltyValidityCivil servant on basis of documents produced in Court contended that charge of misconduct against him had been dropped by Competent Authority at relevant time, therefore, fresh probe on basis of same charge could not be started by new incumbent i.e. Competent AuthorityCivil servant also claimed that none of witnesses examined by Enquiry Officer spoke a word in support of charge of misconduct against him, therefore, specific charge could not be deemed to have been proved against himLeave to appeal was granted to examine contentions raised by civil servant. Petitioner in person. Nemo for Respondents. Date of hearing: 20th March, 1996. ORDER SAIDUZZAMAN SIDDIQUI, J.The petitioner is seeking leave to appeal against the judgment of Federal Service Tribunal dated 2491995 (8101995) whereby, service appeal of the petitioner was dismissed and the order of departmental authority imposing penalty of 'censure' on the petitioner was maintained. The petitioner was chargesheeted on 1091991 and as many as 10 charges were levelled against him. Out of 10 charges levelled against him the Enquiry Officer found only charge No. 8 as having been established against him, which was to the following effect: "You were responsible for creating a situation of law and order and indiscipline on 1761991 as a consequence of your continuous misbehaviour with staff and trainees and managed the arrest of M/s. Rana Muhammad Saleem and Abdul Rahi, Naib Farash, Trade Training Centre by police. The trainees of Trade Training Centre and the staff (BPS 14) of Trade Training Centre, Ch. Rehmat Ali, Community Centre and Aabpara Community Centre assembled on 1761991 in front of the DirectorGeneral's office in protest to your misbehaviour and the arrest of the said officials managed by you. Not only this, the Pakistan Grade 111 Employees Association threatened through Haji Meharban Khan, President and Sufi Ahmed…
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