| Citation(s) |
|---|
| 1999 SLG 215 1999 SLD 215 1999 SCMR 1878 |
Supreme Court of Pakistan
Civil Appeal No. 1285 of 1995, decision dated: 17-02-1999
SH. IJAZ NISAR, SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
Shamim Abbas Bokhari, Advocate Supreme Court and S..Abul Aasim Jafri, Advocate-on-Record for Appellant Muhammad Aslam Chattha, Advocate-on-Record for
Respondents
Civil Appeal No. 1285 of 1995, decision dated: 17-02-1999
SH. IJAZ NISAR, SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
Shamim Abbas Bokhari, Advocate Supreme Court and S..Abul Aasim Jafri, Advocate-on-Record for Appellant Muhammad Aslam Chattha, Advocate-on-Record for
Respondents
MUHAMMAD RAFIQUE
VS
COMMANDANT BATAI RANGERS and 2 others
Law:
Section:
(On appeal against the and order, dated 24-4-1994 of the Federal Service Tribunal, Islamabad in Appeal No. 12-L of 1994). (a) Service Tribunals Act (LXX of 1973)--S. 4--Constitution of Pakistan (1973), Art. 212(3) --- Appeal to Service Tribunal --- Limitation --- Leave to appeal was granted by Supreme Court to consider whether the proceedings initiated against civil 'servant was in accordance with law and whether the appeal was barred by time. (b) West Pakistan Rangers (Efficiency, Discipline and Appeal) Rules, 1967)--- ---- R. 4 --- Member of Pakistan Rangers --- Misconduct --- Dismissal from service--Summary trial of member of Pakistan Rangers under Military law under which the Court of Inquiry was constituted --- Validity---Proceedings against the member of Pakistan Rangers ought to have been initiated under the provisions of West Pakistan Rangers (Efficiency, Discipline and Appeal), Rules, 1967 instead of resorting to a summary trial under military law under which the Court of Inquiry was constituted --- Rule 4, West Pakistan Rangers (Efficiency, Discipline and Appeal) Rules, 1967 conferred a valuable right upon the member of the force to cross-examine the witnesses appearing against him of which appellant had been deprived --- Entire process against member of Pakistan Rangers, in circumstances, stood vitiated. (c) West Pakistan Rangers (Efficiency, Discipline and Appeal) Rules, 1967)--- ---- Rr. 4 & 17 --- Appeal to Service Tribunal --- Limitation --- Appeal against his dismissal from service filed by the Member of Pakistan Rangers, was rejected by the Director-General Rangers on 3-9-1993 and said order was received by the appellant on 23-9-1993 against which on 25-9-1993 the appellant filed a representation before the higher Authorities, which was withheld in the office of the Director-General --- Said representation/revision/mercy petition was to be disposed of by the Director-General himself under R. 17, West Pakistan Rangers (Efficiency, Discipline and Appeal) Rules, 1967 on the ground of material irregularity (summary trial under military laws) having occurred in the proceedings --- Said revision/representation was not disposed of and, thus, it…
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