| Citation(s) |
|---|
| 2002 SLG 1839 2002 SLD 1839 2002 PLC 869 |
Supreme Court of Pakistan
Civil Petition No.2208 of 2001, decision dated: 14-01-2001. (On appeal from the judgment of Federal Service Tribunal, Islamabad, dated 19-5-2001 passed in Appeal No.22(Q)/CS/2000).
SH. RIAZ AHMED, JAVED IQBAL AND MUHAMMAD NAWAZ ABBASI, JJ
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Civil Petition No.2208 of 2001, decision dated: 14-01-2001. (On appeal from the judgment of Federal Service Tribunal, Islamabad, dated 19-5-2001 passed in Appeal No.22(Q)/CS/2000).
SH. RIAZ AHMED, JAVED IQBAL AND MUHAMMAD NAWAZ ABBASI, JJ
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SARDAR KHAN
VS
MANAGING DIRECTOR (POWER), WAPDA and another
Law:
Section:
Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978-------Rr. 3(c), 4(1)(b)(iv) & 5---Service Tribunals Act (LXX of 1973), S.4--Constitution of Pakistan (1973), Art.212(3)---Dismissal from service--Findings of fact by Service Tribunal---Interference by Supreme Court--Scope---Civil servant was found guilty of fraud and was dismissed from service as a result of departmental inquiry---Departmental appeal as well as appeal before Service Tribunal were dismissed---Plea raised by the civil servant was that since the co-accused had been reinstated in service, therefore, he was also entitled to be reinstated---Validity---Reinstatement by the Service Tribunal of co-accused who were proceeded against by the Department for the same charge, would not provide a valid ground to the civil servant to be treated in the same manner and further the Inquiry Officer had found civil servant involved in the fraud and held him guilty and the Service Tribunal without taking any exception rightly dismissed his appeal--Neither the finding of facts recorded by the Service Tribunal could be assailed before Supreme Court through appraisal of evidence nor any question of law of public importance was involved in the petition to call for interference by the Supreme Court---Leave to appeal was refused. Raja Abdul Ghafoor, Advocate Supreme Court/Advocate-on-Record for Petitioner. M.S. Khattak, Advocate-on-Record for Respondents. Date of hearing: 14th January, 2001. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---Leave to appeal is sought against the judgment, dated 19-5-2001 of Federal Service Tribunal, Islamabad, through which service appeal filed by the petitioner against his dismissal from service vide order, dated 31-12-1999, passed by the departmental authority, was dismissed. 2. Facts briefly leading to the filing of this petition in the background, are that the petitioner was appointed as lower Division Clerk (LDC)B-5 in Water and Power Development Authority (WAPDA) on 12-1-1984 and was promoted as Upper Division Clerk (UDC) on 30-9-1987. The petitioner on promotion as Commercial Assistant (B.11) w.e.f. 19-1-1995 was posted in Revenue Office,…
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