Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 212(3)---Dismissal from service---Validity---Leave to appeal was granted by Supreme Court to consider, inter alia, the contentions that the second charge-sheet was nothing but repetition of the first charge-sheet which had been investigated and he was not held guilty of any offence except that he was found negligent in performance of his duties; that as the appeal against the order passed in respect of first charge was pending before the Service Tribunal there was no justification in issuing a second charge-sheet on the same facts and allegations; that the petitioner could not have been charged and penalized for the same charge twice; that the Service Tribunal was not justified in maintaining the punishment which was not legal and proper taking into consideration the recommendation of the Board and the inquiry report and further that reliance placed on order of dismissal in the second case was illegal. (b) Service Tribunals Act (LXX of 1973)---S. 4---Appeal to Service Tribunal---Misconduct---Dismissal from service--­Validity---Objection with regard to competency of "Authority" had no substance---Inquiry proceedings against the civil servant were conducted in accordance with prescribed procedure and ample material was available for connecting the civil servant with charges levelled against him---Judgments of Service Tribunal manifested that Service Tribunal had thoroughly dealt with all aspects of the case---No infirmity or legal defect was found to attract interference---Appeal against of Service Tribunal was dismissed. JUDGMENT MUNAWAR AHMAD MIRZA, J.---These appeals, by leave of the Court are directed against judgments/orders (1) dated 21-9-1994 passed in Appeal No.86(K) of 1994 and (ii) dated 28-9-1994 passed in Appeal No.89(K) of 1994; by Federal Service Tribunal, Islamabad. 2. Facts briefly mentioned are that appellant on selection by the Federal Public Service Commission was appointed as Inspector (B-16) with effect from 28-2-1987 in Ministry of Defence, Rawalpindi. Subsequently he was posted as Officer Incharge, Pakistan Naval Police, Dockyard, Karachi. During year 1992 certain acts of misconduct and fraudulent…

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