Case Details

Citation(s)
1991 SLG 795 1991 SLD 795 1991 SCMR 140
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.334-R of 19$9, decision dated: 19-02-1990 (From the judgment of the Federal Service Tribunal, Islamabad, dated 9-3-1989 passed in Appeal No.235-R of 1986)
SHAFIUR RAHMAN AND RUSTAM S.SIDHWA, JJ

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JAVID AKHTAR

SECRETARY, MINISTRY OF INTERIOR, GOVERNMENT OF PAKISTAN, ISLAMABAD and others

Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973--R.6--Constitution of Pakistan (1973), Art. 212(3)--Civil Servant--Dismissal for misconduct--Instead of adopting elaborate procedure of enquiry through Enquiry Officer, show-cause notice was served on civil servant and after examining his plea in defence, he was dismissed from service by the competent authority--Civil servant's plea did not succeed before higher Departmental Authorities and his a. peal before Service Tribunal also failed--Shorter procedure at times would be u- objectionable being the alternative method prescribed by law available for examining conduct of an employee--Civil servant could not have a choice nor could he insist that one procedure to the exclusion of the other should be adopted--Service Tribunal having re-examined facts had independently come to a conclusion which affirmed the finding of Departmental Authorities--No' question of law thus existed which required further examination by Supreme Court--Leave was refused in circumstances. Deputy Inspector-General of Police, Lahore and others v. Anis-ur-­Rehman Khan P L D 1985 S C 134 rel. ORDER SHAFIUR RAHMAN, J: --The Petitioner, a former employee of the Federal Investigation Agency, seeks leave to appeal against the judgment of the Federal Service Tribunal dated 9th of March, 1989, whereby his appeal against the order of dismissal from service was itself dismissed. 2. The charge levelled against the petitioner was that on the 3rd of July, 1985, he went to the Airport with a view to ensure the safe exit of a passenger on a passport which was forged and did not belong to the traveller. The passenger was off-loaded on the fabrication of passport being detected at the last moment and an enquiry followed against the petitioner, and a criminal case was registered against the others involved in the racket. Instead of adopting an elaborate procedure of enquiry through an Enquiry Officer a show cause notice was served on the petitioner and after examining his pleas in defence, he was dismissed from service by the competent authority. His plea did not succeed before the higher departmental authorities and the appeal before the Tribunal…
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