Case Details

Citation(s)
1991 SLG 1119 1991 SLD 1119 1991 SCMR 1160
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.164-R of 1988, decision dated: 21st February, 1990(From the judgment of the Federal Service Tribunal, dated 9-2-1988, passed in Appeal No.42(P) of 1986)
SHAFIUR RAHMAN AND RUSTAM S. SIDHWA, JJ

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FEDERATION OF PAKISTAN through Secretary, Establishment Division, Rawalpindi and 2 others

ASADULLAH

Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973--R. 8(a)---Constitution of Pakistan (1973), Art. 212(3)---Question raised in petition was whether where dismissal followed conviction in cases involving moral turpitude, a show-cause procedure was still required to be undergone---Leave to appeal was granted to examine, whether notwithstanding R. 8, show-cause procedure was still to be observed in case. Pakistan and others v. Public-at-Large PLD 1987 CSC 304 ref. ORDER SHAFIUR RAHMAN, J: --The Federation of Pakistan and its functionaries, seek leave to appeal under Article 212(3) of the Constitution against the judgment of the Federal Service Tribunal dated 9-2-1988 whereby the dismissal of the respondent from service was set aside. 2. The order of dismissal of the respondent from service, recited in great detail the misconduct of the petitioner and concluded as hereunder:-- "Taking into consideration the facts stated above and the grounds of accused official's conduct which led to his conviction and sentence of fine/imprisonment by the Court of M.I.C. Mardan in the criminal tees which involved moral turpitude. I the authority (MA.G.) in exercise of the powers conferred under Rule 8(a) of the Government servants (Efficiency and Discipline) Rules, 1973, hereby order that Mr. Asadullah Junior Auditor-23620 (under suspension w.e.f 5-5-1980) be dismissed from service with effect from the date of issue of this Order."…
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