| Citation(s) |
|---|
| 1991 SLG 1317 1991 SLD 1317 1991 SCMR 1663 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No.533-R of 1989, decision dated: 12-02-1990 (From the judgment of the Federal Service Tribunal dated 6-6-1989, passed in Appeal No.319(R) of 1985)
S. USMAN ALI SHAH AND ABDUL QADEER CHAUDHRY, JJ
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Civil Petition for Special Leave to Appeal No.533-R of 1989, decision dated: 12-02-1990 (From the judgment of the Federal Service Tribunal dated 6-6-1989, passed in Appeal No.319(R) of 1985)
S. USMAN ALI SHAH AND ABDUL QADEER CHAUDHRY, JJ
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FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad and others
MUHAMMAD NAWAZ KAHUT
Law:
Section:
Constitution of Pakistan (1973)--Art. 212(3)---Point for consideration in petition was whether punishment awarded to respondent by competent Authority while reducing his pay with permanent effect, could be modified by Tribunal---Leave to appeal was granted on that limited point.---[Civil service]. ORDER S. USMAN ALI SHAH, J.---Muhammad Nawaz Kahut respondent herein was placed under suspension with effect from 13-10-1983 in connection with two police officials who were suspected to be responsible for the death of one Nasir Masih who died in September, 1985 in police lock-up of Abpara Police Station, Islamabad and were slipped out from the custody, with the alleged connivance of the respondent. On 15-10-1983 the respondent claimed to have fallen ill and in support thereof he submitted a medical certificate from a hospital recommending two weeks rest. He availed the said leave, although it was not sanctioned by the competent Authority. The respondent was charge-sheeted on the allegations of misconduct and inefficiency. The Enquiry Officer found him guilty of the said allegations and the I.-G.P. Islamabad vide his order dated 22-4-1985 imposed on him major penalty of reduction…
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