Law:

Section:

(a) North-West Frontier Province Service Tribunals Act (I of 1974)------S. 4---Constitution of Pakistan (1973), Art.212 (3)---Leave to appeal was granted by Supreme Court to consider; whether documents/letters etc. relied upon by Service Tribunal justified order of reinstatement of civil servants; and whether appeal before Service Tribunal was time-barred or not. (b) North-West Frontier Province Service Tribunals Act (1 of 1974)--- ---S. 4---Reinstatement in service---Concessional statement of departmental representatives---Effect---Misreading and non-reading of evidence---Civil servant being a Sub-Engineer was compulsorily retired from service on the allegation of embezzling government funds---Service Tribunal allowed the appeal and reinstated civil servant in service---Contention of civil servant was that in view of the position explained by departmental representatives before Service Tribunal, the finding of Inquiry Officer and the order passed on the basis of inquiry report had no legal value---Validity---Inquiry Officer having considered the reply of civil servant to the charge held him guilty---Contention of civil servant had no substance and Service Tribunal instead of appreciating factual position on record, decided the matter on the basis of concessional statement made by departmental representatives---Service Tribunal failed to decide the appeal in proper exercise of jurisdiction---Finding of Service Tribunal not based on record was suffering from the defect of misreading and non-reading of evidence brought on record in support of charge---Judgment passed by Service Tribunal was set aside and order of compulsory retirement passed by departmental authority was restored---Appeal was allowed Muhammad Issa Khan, Additional Advocate-General for Appellants Muhammad Munir Peracha, Advocate Supreme Court for Respondent. Date of hearing: 29th November, 2005. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.--- This appeal by leave of the Court has been directed against the judgment dated 10-2-2001 passed by N.-W.F.P. Service Tribunal, Peshawar, whereby the appeal filed by Muhammad Ziaul Haq, respondent herein, against the order, dated 27-2-1998 passed by the departmental…

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