Case Details

Citation(s)
1998 SLG 732 1998 SLD 732 1998 SCMR 1378
Supreme Court of Pakistan
Civil Petition No. 21 of 1995, decision dated: 26-06-1995
SALEEM AKHTAR, MAMUON KAZI AND MUHAMMAD BASHIR, JEHANGIRI, JJ

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JUMA KHAN-

VS

SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD and another

Law:

Section:

Constitution of Pakistan (1973)--Art 212(3)---Penalty of censure imposed on civil servant---Leave to appeal was granted to the civil servant to consider whether the inquiry against civil servant was held in accordance with law and proper opportunity was afforded to him to lead his evidence and to cross-examine the witnesses. Fazal Ellahi Siddiq, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner Nemo for Respondents. Date of hearing' 26th June, 1995. ORDER SALEEM AKHTAR, J.---The petitioners seek leave to appeal against the judgment of the Federal Service Tribunal, whereby the penalty of censure imposed on the petitioner was upheld. 2. The petitioner, an Assistant Director and one Imtiazuddin, an Administrative Officer in National Trading Bureau, Ministry of Labour, Manpower and Overseas Pakistanis, were served with a charge-sheet dated 6-6-1993 separately containing the following charges:-- "(i) F. No. NTB-2(73)/91-92/GA regarding .'Procurement of Plain Paper Copier' was misplaced in between Mr. Juma Khan, Assistant Director, National Training Bureau (Chairman Purchase Committee) and Mr. Imtiazuddin, Assistant Director (then Admri. Officer). (ii) Mr. Imtiazuddin emphasised that file was handed over to Mr. Juma Khan by hand. whereas he (Mr. Juma Khan) denied of taking over the file by hand. (iii) The system laid down by the Government for submission/receipt of files has not been observed. (iv) Misplacement of file indicates lack of coordination and working relation between the officers. (v) Misplacement of file indicates the irresponsible attitude." 3. After the reply…
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