Case Details

Citation(s)
2007 SLG 2083 2007 SLD 2083 2007 PLC 940
Supreme Court of Pakistan
Civil Petition No.3117-L of 2001, decision dated: 25-10-2005. (On appeal from judgment, dated 13-7-2001 passed by the learned Punjab Service Tribunal, Lahore in Appeal No.2613 of 2000).
FAQIR MUHAMMAD KHOKHAR AND KARAMAT NAZIR BHANDARI, JJ

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ATHAR SAEED ANWAR

VS

DEPUTY COMMISSIONER, SAHIWAL and another ATHAR SAEED ANWAR vs DEPUTY COMMISSIONER, SAHIWAL and another

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1999-------Rr. 4(1)(b)(v) & 7---Punjab Service Tribunals Act (IX of 1974), S.4---Constitution of Pakistan (1973), Art.212(3)---Dismissal from service---Petitioner was dismissed from service after charge-sheeting and holding inquiry against him on certain allegations---Inquiry against petitioner was. conducted by a Magistrate in conformity with Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 and petitioner was found guilty of charges after affording him reasonable opportunity of hearing and defence---Petitioner was dismissed from service by competent Authority---Service Tribunal also took pains to re-examine case of petitioner on merits, but dismissed his appeal---Findings of fact concurrently recorded by Departmental Authorities as well as the Service Tribunal, need not be substituted by Supreme Court without their being any exceptional circumstances---Impugned did not suffer from any legal infirmity so as to warrant interference by Supreme Court---Petition for leave to appeal not involving any substantial question of law of public importance within the meaning of Art.212(3) of the Constitution, was dismissed. Muhammad Iqbal Khan, Advocate Supreme Court and Haji Muhammad Rafi Siddiqui, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 25th October, 2005. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.--- The petitioner seeks leave to appeal from judgment dated 13-7-2001 passed by the Punjab Service Tribunal, Lahore in Appeal No.2613 of 2000. 2. The petitioner was posted as Junior Clerk in the office of Deputy Commissioner, Sahiwal. A charge-sheet was issued against him along with the statement of allegations. He submitted his reply thereto. A Magistrate was appointed as Inquiry Officer, who held the inquiry and found the petitioner guilty of preparing bogus .allotment order in the name of one Khurshid Ahmed under the Temporary Cultivation Scheme. A mutation was also entered in the Revenue Record on the basis of the allotment order which was, however, cancelled subsequently. On receipt of the inquiry report, the competent authority afforded him opportunity of personal hearing.…
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