| Citation(s) |
|---|
| 2010 SLG 3160 2010 SLD 3160 2010 PLC 836 |
Supreme Court of Pakistan
Civil Petition No. 99-K of 2008, decided on 27th October 2008. (On appeal from the judgment Dated 8-12-2007 of the Federal Service Tribunal, Islamabad, passed in Appeal No. 233(K) CS of 2006). Date of hearing: 27th October, 2008.
MIAN HAMID FAROOQ, SYED ZAWWAR HUSSAIN JAFFERY AND SARMAD JALAL OSMANY, JJ
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Civil Petition No. 99-K of 2008, decided on 27th October 2008. (On appeal from the judgment Dated 8-12-2007 of the Federal Service Tribunal, Islamabad, passed in Appeal No. 233(K) CS of 2006). Date of hearing: 27th October, 2008.
MIAN HAMID FAROOQ, SYED ZAWWAR HUSSAIN JAFFERY AND SARMAD JALAL OSMANY, JJ
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GHULAM RASOOL PANWAR
VS
FIA and another
Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)
Section: 3,5,10
Law: Service Tribunals Act, 1973
Section: 4
Law: Constitution of Pakistan, 1973
Section: 212(3)
Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----Ss. 3, 5 10---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.212(3)---Penalty of reduction in rank---Penalty of compulsory retirement was imposed by the competent Authority upon the petitioner after issuing him show-cause notice and holding inquiry against him---Service Tribunal, on appeal, converted punishment of compulsory retirement into reduction in rank for a period of three years vide impugned ---Validity---Petitioner got maximum relief from Service Tribunal which taking lenient view converted punishment of compulsory retirement into reduction in rank---Judgment of Service Tribunal could not be interfered with as no case of further indulgence in the matter was made out---Counsel for the petitioner could not demonstrate that any substantial question of law of public importance within the contemplation of Art.212(3) of the Constitution was involved in the case, on that ground too leave to appeal to Supreme Court could not be granted to the petitioner. JUDGMENT MIAN HAMID FAROOQ, J.--- The petitioner, through the present petition, filed under Article 212(3) of the Constitution of Islamic Republic of Pakistan, seeks leave to appeal, against judgment dated8-12-2007, whereby the Federal Service Tribunal, Islamabad (Tribunal) partially accepted his appeal and reduced punishment of compulsory retirement to that of reduction in rank from Sub-Inspector (S.-I.) to Assistant Sub-Inspector (A.S.-I.) for a period of three years. 2. Briefly stated facts of the case are that petitioner was appointed as A.S.-I. in Federal Investigation Agency (FIA) and was promoted as S.-I. in 1987. He was issued a statement of allegations. The petitioner submitted his reply, inquiry was held and the Inquiry Officer recommended for imposing one of the minor penalties upon the petitioner. The Director-General, FIA, the competent authority, issued show-cause notice to the petitioner and he was compulsorily retired from service, vide order dated 17-5-2006. The petitioner approached the Federal Service Tribunal through appeal (Appeal No.233(K)CS of 2006) and the learned…
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