Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-------S.4---Constitution of Pakistan (1973), 4rt.212(3)---Dismissal from Service---Plea not raised earlier ---Effect---Contention of the civil servant was that no notice was legally served on him before imposing major penalty of dismissal---Such plea was neither raised before Departmental Appellate Authority nor in the grounds of appeal before .Service Tribunal---Civil servant even in the petition before Supreme Court raised no such ground--­Finding of fact recorded by Departmental Appellate Authority and Service Tribunal did not suffer from any legal infirmity---Civil servant was rightly dismissed from service ---No substantial question of law of public. importance was invoked as contemplated by Art.212 of the Constitution---Leave to appeal was refused. Muhammad Farooq Bedar, Advocate Supreme Court, and S. Abul Aasim Jafri, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 2nd April, 2002. ORDER MUNIR A. SHEIKH, J.---This petition is directed against the order, dated 24-1-2002 of the Punjab Service Tribunal through which appeal filed by the petitioner against order of the Departmental Authority of his dismissal from service has been dismissed. 2. Disciplinary proceedings were taken against the petitioner on the allegation as under:-- "Muhammad Riaz son of Muhammad Ramzan caste Malik resident of Hafizabad Road, Mohallah Chah Sarafan, Baghbanpura, Gujranwala appeared before S.S.P., Gujranwala alongwith an application containing allegation that he runs an oil shop at Hafizabad Road for the last 5/6 years. He alongwith A.S.-I. Qudrat Ullah No. 847/GWL came at his shop and forcibly took the applicant alongwith others at Police Station, where he used abusive language and detained them at the Police Station. It is further alleged that he demanded Rs.100,000 as illegal gratification. However, the tatter was pacified on Rs.25,000 which amount took A.S.I. Ishaq Nasri through Muhammad Iqbal brother of applicant. Later on he released them under threat that they will have to pay him monthly if they want to run their business. The complainant also alleged that after a month they were again arrested. A.S.I.…

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