Law:

Section:

Constitution of Pakistan (1973)---------Art. 212(3)----Civil service---Imposition of major penalty by the Authority when the authorized officer had not recommended the same---after having issued notice for personal hearing to the civil servant had given just and sound reasons its order for disagreeing with the authorized officer after considering the relevant documents and defence of the civil servant---Validity---Authority was competent to differ with the proposed recommendation of authorized order and could impose major penalty, which in its opinion was considered to be legal in view of the evidence on record---Petition for leave to appeal was dismissed. Mukhtar Ahmad Bhatti v. Director Food, Punjab and others 1992 SCMR 1864; Qazi Khalilur Rehman and others v. Secretary, Ministry of Railways and others 1994 PLC (C.S.) 713 and Sh. Abdul Waheed v. Chief Secretary, Punjab 1985 PLC (C.S.) 886 ref. Syed Zulfiqar Abbas Naqvi, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 6th October, 2003. ORDER HAMID ALI MIRZA, J.---Heard learned counsel for the petitioner and perused the record. 2. Contention of learned counsel for the petitioner is that the authority was not competent to impose major penalty when the authorized officer did not recommend the same. 3. We do not find substance in the said contention considering that the Authority is competent to differ with the proposed recommendation of authorised officer and could impose major penalty, which in his opinion is considered to be legal in view of the evidence…

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