| Citation(s) |
|---|
| 2006 SLG 2476 2006 SLD 2476 2006 SCMR 480 |
Supreme Court of Pakistan
Civil Petition No.3035-L of 2002, decision dated: 16-11-2005 (On appeal from judgment, dated 13-6-2002 passed by the Punjab Service Tribunal, Lahore in Appeal No.72 of 1996)
FAQIR MUHAMMAD KHOKHAR AND KARAMAT NAZIR BHANDARI, JJ
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Civil Petition No.3035-L of 2002, decision dated: 16-11-2005 (On appeal from judgment, dated 13-6-2002 passed by the Punjab Service Tribunal, Lahore in Appeal No.72 of 1996)
FAQIR MUHAMMAD KHOKHAR AND KARAMAT NAZIR BHANDARI, JJ
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SAFDAR HUSSAIN SHAH
VS
SUPERINTENDENT OF POLICE, SAHIWAL and others
Law:
Section:
Punjab Police (Efficiency and Discipline) Rules, 1975-------R. 4---Punjab Service Tribunals Act (IX of 1974), S.4---Constitution of Pakistan (1973), Art.212(3)---Dismissal from service---Petitioner, who was proceeded against departmentally under Punjab Police '(Efficiency and Discipline) Rules, 1975, was served with a show-cause notice on allegation that he, during investigation of a criminal case, had sold an illicit .12 bore pistol to a person from whose possession same was recovered---Petitioner was summoned for personal hearing several times to explain his position before competent Authority, but despite service of notices, he avoided his appearance---Departmental Authorities had considered case of petitioner threadbare and Service Tribunal also recorded findings of fact against petitioner---Impugned of Tribunal was just and fair to which no exception could be taken---Even otherwise, petition for leave to appeal did not involve any substantial question of law of public importance within meaning of Art.212(3) of the Constitution---Petition was dismissed and leave to appeal was refused accordingly. Pervaiz Inayat Malik, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioner: Nemo for Respondent. Date of hearing: 16th November, 2005. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.--- The petitioner seeks to appeal from judgment, dated 13-6-2002, passed by the Punjab Service Tribunal, in Appeal No.72 of 1996. 2. The petitioner, an ex-constable, was proceeded against departmentally under the Punjab Police (Efficiency and 'Discipline) Rules, 1975. He was served with a show-cause notice dated 5-5-1992, on the allegation that during the investigation of case F.I.R. No.106 dated 12-4-1992 under section 13 of the Arms Ordinance, 1965 registered at A Police Station City Arifwala, District Pakpattan, it was found that an illicit .12 bore pistol was sold by him to one Rafaqat from whose possession the same was recovered. The petitioner submitted his reply to the show-cause notice. Thereafter, he was called in the orderly room for personal hearing on 17-11-1993 but he absented himself in order to avoid his appearance. He was again summoned as manyβ¦
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