| Citation(s) |
|---|
| 2002 SLG 1290 2002 SLD 1290 2002 SCMR 953 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.859-Q of 2000, decision dated: 10-01-2002.(On appeal from the judgment/order of the Federal Service Tribunal, Islamabad, dated 8-3-2000 passed in Appeal No.25(Q) of 1998)
SH. RIAZ AHMED, JAVED IQBAL AND MUHAMMAD NAWAZ ABBASI, JJ
Petitioner in person. Barrister Ch. Muhammad Jameel, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for
Respondent
Civil Petition for Leave to Appeal No.859-Q of 2000, decision dated: 10-01-2002.(On appeal from the judgment/order of the Federal Service Tribunal, Islamabad, dated 8-3-2000 passed in Appeal No.25(Q) of 1998)
SH. RIAZ AHMED, JAVED IQBAL AND MUHAMMAD NAWAZ ABBASI, JJ
Petitioner in person. Barrister Ch. Muhammad Jameel, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for
Respondent
SABOOR AHMAD
VS
MANAGING DIRECTOR, SUI SOUTHERN COMPANY LIMITED, UNIVERSITY ROAD, KARACHI and another
Law:
Section:
(a) Constitution of Pakistan (1973)---Art. 212(3)---Service Tribunals Act (LXX of 1973), S.4---Concurrent finding of facts---Supreme Court ordinarily does not interfere with concurrent finding of facts given by Departmental Authority and Service Tribunal. Muhammad Munir Ahmad v. Water and Power. Development Authority 1990 SCMR 907; Munir Ahmad v. Punjab Service Tribunal 1990 SCMR 1005; Faiz Ahmad v. Deputy Postmaster-General, Lahore and others 1991 SCMR 368 and 'Muhammad Binyamin v. . Water and Power Development Authority 1991 SCMR 383 ref. (b) Service Tribunals Act (LXX of 1973)--- ---Ss. 2-A & 4---Constitution of Pakistan (1973), Art.212(3)---Petitioner being employee of Sui Northern Gas Company was terminated from service on account of absence from duty due to his involvement in a criminal case--Petitioner was reinstated in service after his acquittal from criminal case, but the period of his absence was treated as special leave without pay--Departmental appeal as well as appeal preferred by the petitioner before Service Tribunal were dismissed---Contention of petitioner was that period of his absence could not have been treated as special leave without pay, because he was involved in a false case, wherein he was acquitted and that performance of official duties during the period of his detention was not possible for him---Validity---Perusal of reinstatement order would show that reinstatement of petitioner was conditional---Period of his absence had been rightly treated as "Special leave without pay" as the petitioner had no casual or earned leave to his credit thus the question of salary and other benefits for such period did not arise---Finding of facts recorded by Departmental Authority and upheld by Service Tribunal did not suffer from any legal infirmity or non-consideration of any material piece of evidence---No question of public importance was involved in the case---Supreme Court did not interfere with concurrent finding of facts given by Departmental Authority and Service Tribunal---Supreme Court dismissed the petition being devoid of merit. ORDER JAVED IQBAL, J.---Petitioner Saboor Ahmad has impugned the judgment dated 8-3-2000 passed by the…
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