Law:

Section:

Constitution of Pakistan (1973)-------Art. 212(3)---Re-employment---Conversion of period of dismissal from service into extraordinary leave (without pay)---Civil servant, after remaining dismissed from service for 570 days, was re-appointed---Break of 570 days in the service was condoned by the Service Tribunal and the same was converted into extraordinary leave (without pay)---Termination of the civil servant was not simpliciter and the same was tainted with the allegations of misconduct---Authorities failed to provide the civil servant opportunity of hearing to controvert the allegations---Where the civil servant had already retired and there was no question of public importance involved, Supreme Court declined to interfere with the passed by the Service Tribunal---Leave to appeal was refused. Muhammad Saeed Akhtar, Deputy Attorney-General and S. Inayat Hussain, Advocate-on-Record (absent) for Petitioner, Muhammad Naazar Khan, Senior Advocate Supreme Court and S. Abul Asim Jafri, Advocate-on-Record for Respondent. Date of hearing: 18th October, 2000. ORDER TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 17-8-1998 of the Federal Service Tribunal whereby the interruption period of 570 days from 10-5-1973 to 4-12-1975 was directed to be treated as an extraordinary leave (without pay). 2. Facts briefly are that the respondent Muhammad Yasin was appointed as Khalasi in the Soil Survey of Department Government of Pakistan on 7-4-1971. His services were terminated with effect from 10-5-1973 on the charge of misconduct. Thereupon, he approached Junior Labour Court, Lahore where his petition under section 25-A of the Industrial Relation Ordinance, 1969 was dismissed vide judgment dated 7-6-1974 on the ground that the Efficiency and Discipline Rules were applicable to the department as such neither the Industrial Relations Ordinance, 1969 nor Standing Orders Ordinance, 1968 would be attracted. 3. The respondent filed an appeal against this dismissal order before the Senior Labour Court, Lahore. However, during this period the petitioner department re-appointed the respondent with effect from 15-12-1974. Since there was break of 570 days in…

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