Law: Constitution of Pakistan, 1973

Section: 212(3),9,18,25,27

Law: Service Tribunals Act, 1973

Section: 4

Law: Civil Procedure Code (V of 1908)

Section: 14

Constitution of Pakistan (1973)---   ----Arts. 212(3), 9, 18, 25 27---Service Tribunals Act (LXX of 1973), S.4---Civil Servants Act (LXXI of 1973), Ss.13 14---Petitioner filed an appeal before Service Tribunal praying therein that he could be held entitled to continue in service for 2 years and 3 months beyond the date of his superannuation i.e. the period for which-he was not allowed to perform his duties; and Ss.13 14 of the Civil Servants Act, 1973, in so far as they did not allow a civil servant to continue his service beyond the period of superannuation, could be held ultra vires of Fundamental Rights guaranteed under Arts.9, 18, 25 27 of the Constitution---Validity---Denial to the petitioner of his right to actively serve the department without any fault on his part was established in the case, which had brought humiliation and suffering to the petitioner---Petitioner should be allowed to serve for a period of two years and three months, equivalent to the interrupted period of his service---Authorities were directed to take appropriate measures in that regard---Benefit of that would also be available to other police officers, who were implicated along side the petitioner in said criminal case---Judgment of Service Tribunal was set aside and petition was converted into appeal and was disposed of accordingly.    JUDGMENT CH. EJAZ YOUSAF, J.---This petition for leave to appeal is directed against judgment dated 6-6-2008 passed by the Federal Service Tribunal, Islamabad, whereby appeal filed by the petitioner was dismissed in limine. 2. Facts of the case, in brief, are that the petitioner qualified the Central Superior Services examination and joined the `Police Service of Pakistan in 1991. In November 1996, he was posted as Sub-Divisional Police Officer (SDPO Saddar), Karachi. F.I.R. No.4433/1996 was registered at Police Station Clifton, Karachi in pursuance whereof he was arrested in December 1996. The trial of the case did not conclude and he remained confined in prison till February 1999. He was released on bail only after the expiry of the statutory period provided under section 497 of the Code of Criminal Procedure. Nearly 12 years have…

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