Law: Service Tribunals Act, 1973

Section: 4

Law: Constitution of Pakistan, 1973

Section: 212(3)

Service Tribunals Act (LXX of 1973)--- ----S.4---Constitution of Pakistan (1973), Art,212(3)---Major penalty of dismissal from service which was to be imposed on civil servant by Authority, having been imposed by Authorised Officer, civil servant was prejudiced since same person had acted in dual capacity as Authorised Officer was well as Authority---Service Tribunal, had set aside order of dismissal passed by Authorised Officer---Authority had contended that as Authorised Officer was also "Authority" for purpose of civil servant, of Service Tribunal could not be sustained---Validity---No such plea was urged by Authority before Service Tribunal---Person who could be designated as Authority, would be higher in rank than person who could be authorised to perform functions of Authorised Officer--- Petition for leave to appeal was dismissed. Government of Pakistan through Secretary, Communication Division, Islamabad and 2 others v. Zamir Ahmed 1996 SCMR 630 ref. ORDER AJMAL MIAN, C.J.---This is a petition for leave to appeal against the judgment dated 4-10-1997 passed by the learned Federal Service Tribunal;; (hereinafter referred to as the Tribunal) in Appeal No.323(L) of 1997, filed by ; the respondent against the order of his dismissal from service. The petitioners =; who are officials of the Post & Telegraph Department have filed the present In support of the above petition Maulvi Anwarul Haq, learned Deputy Attorney-General has contended that the impugned judgment is not sustainable as the Authorised Officer in question was also the Authority for the purpose of respondent and, therefore, the reason found favour with the Tribunal is not in consonance with law. We find that no such plea was urged before the Tribunal. However, even on legal plane the above contention merits rejection in view of the judgment of this Court in the case of Government of Pakistan through Secretary, Communication Division, Islamabad and 2 others v. Zamir Ahmed (1996 SCMR 630) wherein inter alia the…

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