| Citation(s) |
|---|
| 2002 SLG 1222 2002 SLD 1222 2002 SCMR 684 |
Supreme Court of Pakistan
Civil Appeal No. 282 of 1995, decision dated: 12-03-1999.(On appeal from the judgment dated 22-6-1994 passed by the Federal Service Tribunal, Islamabad in Appeal No. 389(R) of 1993)
AJMAL MIAN, C.J., SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
Sheikh Riazul Haque, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Appellant. Maulvi Anwarul Haq, Deputy Attorney General with Imtiaz Muhammad Khan, Advocate-on-Record for
Respondents.
Civil Appeal No. 282 of 1995, decision dated: 12-03-1999.(On appeal from the judgment dated 22-6-1994 passed by the Federal Service Tribunal, Islamabad in Appeal No. 389(R) of 1993)
AJMAL MIAN, C.J., SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
Sheikh Riazul Haque, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Appellant. Maulvi Anwarul Haq, Deputy Attorney General with Imtiaz Muhammad Khan, Advocate-on-Record for
Respondents.
AKBAR KHAN
VS
FEDERATION OF PAKISTAN and others
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)---S. 4 Government, Servants (Efficiency and Discipline) Rules, 1973, R.6---Constitution of Pakistan (1973), Art.212(3)---Leave to appeal was granted by the Supreme Court to consider, as to whether after remand, civil servant was entitled to opportunity of hearing; whether by not giving civil servant opportunity of personal hearing reasonable opportunity to defend himself had not been denied to him; and whether Service Tribunal was legally justified in deciding the appeal without first disposing of application for amendment of memorandum of appeal filed by civil servant. (b) Government Servants (Efficiency and Discipline) Rules, 1973- ----Rr. 3(b)(c) & 6---Allegations of corruption and misconduct ---Enquiry--Admission of guilt by civil servant---Holding of any formal enquiry against him was not necessary. (c) Government Servants (Efficiency and Discipline) Rules, 1973-- ----Rr. 3(b)(c), 4(1)(b)(iv) & 6---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan, (1973), Art.212(3)---Dismissal from service---Allegations of misconduct and corruption---Civil servant was charge-sheeted and after enquiry was dismissed from service---Departmental appeal having not been responded, he tiled appeal before Service Tribunal, which was dismissed---Validity--.Civil servant, during the enquiry against him did not cross-examine witnesses, though he was provided opportunity by the Enquiry Officer---Civil servant had voluntarily admitted the receipt of illegal ,gratification and that the audio cassette containing talk between complainant and civil servant about receipt of money by the latter from the former as illegal gratification was correct--In presence of admission of his guilt by civil servant, there was no- need of holding any formal enquiry against him. PLD 1985 SC 134; 1987 -SCMR 829; 1990 SCMR 447; 1993 SCMR 603; 1993 SCMR 956 and 1991 SCMR 140 ref. JUDGMENT CH. MUHAMMAD ARIF, J.---Appellant-Akbar Khan was working as an Assistant Incharge in the Office of the Federal Service Tribunal, hereinafter referred to as the Tribunal, having a service of more than 19 years to his credit, when, after 7 months of his…
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