| Citation(s) |
|---|
| 2005 SLG 1117 2005 SLD 1117 2005 SCMR 57 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 2710 of 2001, decision dated: 6-10-2004
SYED DEEDAR HUSSAIN SHAH AND SARDAR MUHAMMAD RAZA KHAN, JJ
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Civil Petition for Leave to Appeal No. 2710 of 2001, decision dated: 6-10-2004
SYED DEEDAR HUSSAIN SHAH AND SARDAR MUHAMMAD RAZA KHAN, JJ
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CHAIRMAN/MANAGING DIRECTOR, PAKISTAN INTERNATIONAL AIRLINES CORPORATION and another
VS
. NISAR AHMED BHUTTO
Law:
Section:
Service Tribunals Act (LXX of 1973)-------S. 4---Constitution of Pakistan (1973), Art.212(3)---Termination of service--- Reinstatement---Misconduct---Proof---Principles of natural justice, violation of---Pakistan International Airlines Corporation alleged that the employee was recommended of then Prime Minister's Secretariat but no document was produced to show that even the application of the employee was forwarded by the Prime Minister's Secretariat---Only minutes of meeting were produced to prove that the case of employee was of misconduct or lack of qualification---Even the assessment made by Selection Board had not been placed before Service Tribunal which could show that the employee was not a fit person to be retained in service--¬Service Tribunal found that the termination of the employee was without any justification and principles of natural justice had been violated--¬Appeal of the employee was accepted by Service Tribunal and he was reinstated in service---Validity---Employee was a qualified person and was appointed by Selection Board which consisted of four persons---Judgment of Service Tribunal was the result of proper appreciation of material available and was in consonance with law, which did not call for any interference by Supreme Court---Leave to appeal was refused. Javed Altaf, Advocate Supreme Court and Sheikh Salah-ud-Din, Advocate-on-Record (absent) for Petitioners. Nemo for Respondent. Date of hearing: 6th October, 2004. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.--- Petitioners seek leave to appeal against the judgment of the Federal Service Tribunal, Islamabad (hereinafter referred to as the Tribunal),dated 12-7-2001, passed in Appeal No.467(K) of 1998. 2. Briefly stated the facts of the case are that the respondent, who applied for a post with the appellant/Corporation, was called for test/interview on 5-11-1995. Subsequently, he was appointed as Scheduling Officer in PG-V vide letter, dated 24-4-1996. Respondent joined the Corporation and after serving for more than six months he was confirmed vide letter dated 22-10-1996, and finally he was terminated from service being no more required w.e.f. 12-12-1996. He approached the High Court by…
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