Law: Constitution of Pakistan, 1962

Section: 98,58(3)

Law: Constitution of Pakistan, 1956

Section: 181(1)

(Constitution of Pakistan (1962)].......Art. 98--(Delay in fling petition)---Departmental appeal dismissed on 19-9-1962-Writ petition filed on 7-2-1963-Original order of dismissal passed on 19-12-1959-Delay, held, not inordinate. A person described as a Deputy Superintendent of Central Excise and Land Customs was dismissed from service by the Collector on 19-12-1959. He filed a writ petition against his dismissal on 7-2-1963 the intervening period was spent in an appeal to the Central Board of Revenue, which was rejected after remaining pending for over two years, on the 19th September 1962. There were other delays in the administrative department besides this. In the circumstances, it could not be said that there was inordinate delay in moving the writ petition. (b) Constitution of Pakistan (1962), Art. 58(3)---Leave to appeal to Supreme Court-Granted to consider questions arising out of order of dismissal of a Government servant. Leave to appeal against an order of the High Court, quashing an order of dismissal of a Government servant described as a Deputy Superintendent of Central Excise and Land Customs, was granted for consideration of two questions, namely (1) that in fact, the Government servant concerned at the time of his dismissal was only officiating as a Class II officer and his sub­stantive rank was that of Inspector of Customs, which was a Class III post; and (2) that in any event the Collector at the date of the order of dismissal was competent even to dismiss a Class II officer. (c) Constitution of Pakistan (1956), Art. 181(1)---Officiating (temporarily) Deputy Superintendent of Central Excise and Land Customs-Dismissal by Collector-Held, in order-Dismissal in fact from substantive post of Inspector which includes dismissal from temporary officiating post-Mere making of an order by Central Government raising status of Deputy Superintendents from Class 111 to Class 11 would not raise the status of temporary officiating Deputy Superintendents-Reversion from officiating post not controllable by constitutional safeguards. Held, that the mere making of an order by the Central Government raising status of Deputy Superintendent of Central Excise and…

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