Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973-------Rr.3, 4, 5 & 6---Government Servants (Conduct) Rules, 1964, R.16---Passport and Visa Manual, 1974---Revised Leave Rules, 1980, Rr.15(1) & 37---Constitution of Pakistan (1973), Art.212(3)---Dismissal from service---Misconduct---Charges against civil servant were of having obtained a passport by concealing his exact position in Government service, unauthorised employment in a foreign company, travelling abroad without proper permission of competent authority and continuing to draw salary simultaneously from foreign company and also from Government without making requisite deduction---Service Tribunal converted such penalty into that of removal from service in appeal filed by civil servant---Validity---Government servant could not obtain passport in his "private capacity"---No "NOC" could be issued to any Government servant to procure a passport in his "private capacity", which amounted to fraud and dishonest distortion of facts---Civil servant had received salary simultaneously from department and foreign company, but had not made requisite deduction deliberately---Civil servant had executed agreement of employment with foreign company without having sanctioned Ex-Pakistan leave of 364 days---Civil servant had availed 230 days' leave piecemeal without permission of competent authority---Reality was unveiled by foreign company, when civil servant represented against his termination from company and resultantly matter was brought to the notice of department, which initiated disciplinary proceedings---Comprehensive inquiry had been conducted and civil servant had been afforded proper opportunity of hearing---Charges against civil servant had been established by cogent and concrete evidence---No question of law of public importance was involved---Supreme Court dismissed petition and refused leave to appeal. (b) Constitution of Pakistan (1973)--- ----Art. 212(3)---Concurrent findings of fact given by Departmental Authority and Service Tribunal---Validity---Supreme Court would not ordinarily interfere with such findings. Muhammad Binyamin v. WAPDA 1991 SCMR 383; Faiz Ahmad v. Deputy…

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