| Citation(s) |
|---|
| 2002 SLG 1826 2002 SLD 1826 2002 PLC 811 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.473-K of 2001, decision dated: 12-12-2001. (On appeal from the judgment of the Federal Service Tribunal, Islamabad, Session at -Quetta dated 21-4-2001, passed in Appeal No.90(Q)(CS) of 2000):
SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
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Civil Petition for Leave to Appeal No.473-K of 2001, decision dated: 12-12-2001. (On appeal from the judgment of the Federal Service Tribunal, Islamabad, Session at -Quetta dated 21-4-2001, passed in Appeal No.90(Q)(CS) of 2000):
SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
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GHULAM MUSTAFA
VS
GENERAL MANAGER, WESTERN TELECOMMUNICATION REGION, TELEPHONE HOUSE, QUETTA and others
Law:
Section:
Government Servants (Efficiency and Discipline) Rules, 1973---------Rr. 3, 4(1)(b)(iv)---Service Tribunals Act (LXX of 1973), S.4--Constitution of Pakistan (1973), Art.212(3)---Dismissal from service --Malpractice and illegal activities---Responsibility of a supervisor---Civil servant was dismissed from service on the charge of tampering with telephone cable and providing illegal connections to many persons---Civil servant had tried to shift his liability to some other staff members during departmental proceedings---Department having found the civil sees involved in the activities, dismissed him from service---Service Tribunal also dismissed the appeal for the reason that the shifting of the burden to other staff members would not lessen the responsibility of the civil servant who was very much part of the entire illegal and unauthorized activity in his capacity as supervisor---Validity---No illegality or irregularity was found in the passed by the Service Tribunal and the same was based on the proper appreciation of material available with the Tribunal---Civil servant failed to raise any question of public importance, Supreme Court declined to interfere with the passed by the Service Tribunal---Petition was dismissed in circumstances. Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioner. M. Muneer Qureshi, Advocate Supreme Court and Miss Wajahat Niaz, Advocate-on-Record for Respondents. Date of hearing: 12th December, 2001. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---Leave to appeal is sought against judgment, dated 21-4-2001 passed by the Federal Service Tribunal, Islamabad (Session at Quetta) (hereinafter referred to as the Tribunal) in Service Appeal No.90(Q)(CS) of 2000. 2. Brief facts of the matter are that the petitioner was posted as Supervisor in T&T Department at Khuzdar. On 1-4-2000 the Divisional Engineer, Telegraphs Khuzdar, alongwith the present petitioner carried on general inspection of the local Network. During the process of inspection, the Divisional Engineer detected that unauthorized and illegal tampering of the underground digital cable was made at the site within the jurisdiction of the petitioner. Moreover unauthorized connections…
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