Law: Constitution of Pakistan, 1973

Section: 212(3)

(a) Civil service-- ---Natural Justice, principles of---.Applicability---Opportunity of defence to civil servant---Scope---Proper inquiry is to be conducted wherein Government servant is to be provided an opportunity of defence and personal hearing and if charges in regular inquiry are proved then action against the public servant is to be taken (b) Constitution of Pakistan (1973)-- ----Art. 212(3)---Dismissal from service---Fact-finding Inquiry Committee, recommendations of---Failure to associate civil servant with inquiry conducted against . him---Civil servant was charged with a criminal case in which he was exonerated by-the complainant and was acquitted---Department constituted Fact-Finding Committee which investigated the matter---Civil servant was not allowed to take part in the investigation and on the basis of the report submitted by the Committee, the civil servant was dismissed from service---Service Tribunal allowed the appeal filed by the civil servant and reinstated him on the ground that after his acquittal, there was no material available with the authorities to take action and impose major penalty--­Validity---Judgment passed by Service Tribunal was based on valid and sound reasons and was in consonance with the law laid down by Supreme Court---Neither there was misreading, nor non-reading of material evidence or misconstruction of facts and law---Authorities failed to raise any question of general public importance as contemplated under Art.212(3) of the Constitution---Supreme Court declined to interfere with the passed by Service Tribunal --Leave to appeal was refused. Rashid Mehmood v. Additional Inspector-General of Police and 2 others 2002 SCMR 57 ref. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J. ---Petitioners seek leave to appeal against the judgment passed by Sindh Service Tribunal, Karachi, (hereinafter referred to as the Tribunal) in Appeal No.284 of 1999, dated 31-1-2002, whereby appeal filed by the respondent was accepted. 2. Brief facts of the case are that respondent had applied for appointment for the post of Head Constable in training with Sindh Reserve Police through his application dated 3-7-1985 and was selected/appointed by the…

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