Case Details

Citation(s)
2002 SLG 1269 2002 SLD 1269 2002 SCMR 883
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
Raja Abdul Ghafoor, Advocate Supreme Court/Advocate-on-Record for Petitioner.M.S. Khattak, Advocate-on-Record for
Respondents

SARDAR KHAN

VS

MANAGING DIRECTOR (POWER), WAPDA and another

Law:

Section:

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. 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 to Water and Power Development Authority (WAPDA) on 12-1-1984 and was promoted as Upper Division Clerk (UDC) on 30-9-1987. The petitioner or, promotion as Commercial Assistant (B.11) w. e. f. 19-1-1995 was posted in Revenue Office, Loralai Division of Province of Balochistan. During the year 1997, the petitioner having been found involved in the fraud committed in Cash Section of that Department, was served with charge-sheet containing the following allegations:-- "On scrutiny of the relevant record of Cash Section by the Revenue Officer, an amount of Rs.24,98,138 was…
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