| Citation(s) |
|---|
| 2010 SLG 3151 2010 SLD 3151 2010 PLC 812 |
Supreme Court of Pakistan
Civil Petition No. 290-K of 2008, decided on 4th November, 2008. (On appeal against the judgment Dated 19-3-2008 passed by Federal Service Tribunal at Karachi in Service Appeal No. 297(K)/C.S. of 2001). Date of hearing: 4th November, 2008. Civil Petitio
MIAN HAMID FAROOQ, SYED ZAWWAR HUSSAIN JAFFERY AND SARMAD JALAL OSMANY, JJ
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Civil Petition No. 290-K of 2008, decided on 4th November, 2008. (On appeal against the judgment Dated 19-3-2008 passed by Federal Service Tribunal at Karachi in Service Appeal No. 297(K)/C.S. of 2001). Date of hearing: 4th November, 2008. Civil Petitio
MIAN HAMID FAROOQ, SYED ZAWWAR HUSSAIN JAFFERY AND SARMAD JALAL OSMANY, JJ
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ANEESUR REHMAN
VS
FEDERATION OF PAKISTAN and another
Law: Government Servants (Efficiency and Discipline) Rules, 1973
Section: 3(a)(b),4(1)(b)(iv)6
Law: Service Tribunals Act, 1973
Section: 4
Law: Constitution of Pakistan, 1973
Section: 212(3)
Government Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 3(a)(b), 4(1)(b)(iv) 6---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.212(3)---Dismissal from service on the charge of inefficiency and misconduct---Appeal by the petitioner against said penalty had been dismissed by the Service Tribunal---Validity---Prima facie it appeared that the petitioner was not given a chance to cross-examine the official witnesses nor allowed him to lead his own evidence---Leave to appeal was granted by Supreme Court and petition was converted into appeal. Jam Manzoor Ahmad v. Director (Food), Punjab, Lahore and another 1996 SCMR 447; Muhammad Attaullah v. Islamic Republic of Pakistan and 2 others 1999 SCMR 2321; Tariq Mehmood v. District Police Officer, Toba Tek Singh and another 2008 PLC C.S. 921 and Naseeb Khan v. Divisional Superintendent, Pakistan Railways, Lahore and another 2008 SCMR 1369 ref. JUDGMENT SARMAD JALAL OSMANY, J.--- Mr. Khalid Javed, learned Advocate Supreme Court has submitted that the petitioner being a civil servant was proceeded against departmentally on the charge that he had created fictitious refunds for Messer Sidra Trading Corporation for the assessment years 1988-89 and 1989-90. To said charge, the petitioner had requested for copies of certain documents from the official record without which he could not prepare his defence. However, the inquiry proceeded without provision of the documents requested by the petitioner in which the conclusion was reached that the afore-mentioned company was a fictitious one and hence the attempt by the petitioner to create the refunds were totally unwarranted and bogus. Consequently, the charge of inefficiency and misconduct was established and major penalty was recommended, as a…
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