Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-------S. 4---Constitution of Pakistan (1973), Art.212(3)---Appeal before Service Tribunal, barred by limitation---New plea, raising of---Service Tribunal reinstated civil servant with a direction to hold de novo inquiry---Plea raised by Authorities was that the appeal was time-barred---Validity---Such ground was not available to Authorities as the point was not taken up by them before Service Tribunal specifically---Order of Service Tribunal was just and proper as it had directed the Department to hold de novo inquiry---Case of Authorities, warranted no interference by Supreme Court under Art.212(3) of the Constitution---Leave to appeal was refused. Raja Abdur Rehman, A.A.-G. and Mian Ghulam Hussain, Advocate Supreme Court for Petitioners. Mian Saleem Saigal, Advocate Supreme Court and C.M. Lateef, Advocate-on-Record for Respondent. Date of hearing: 18th February, 2004. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition for leave to appeal has been filed against the judgment of the Punjab Service Tribunal dated 29-1-2003, operative paragraphs wherefrom is reproduced hereinbelow: "(10) I have heard the arguments in detail and have also perused the record. (11) A bare reading of the inquiry report astounded me that the Inquiry Officer has only reproduced verbatim the defence of accused/appellants and without giving reason or logic held them guilty in his conclusion arrived at in view lines. It is probably for this reason that the Authority had to consult the Inquiry Officer and held consultation with Dr. Yasmin Lodhi, Director, Directorate of Blood Transfusion Service, Punjab, Lahore. The Authority undoubtedly could obtain opinion or views of the above-mentioned persons but in the presence of the appellants after ensuring that if any adverse views were recorded against the appellants, they should have been given a chance to refute it. Another factor, which has surprised me it recording of the observation by the Inquiry Officer at the end of the report reproduced in this judgment in the preceding paragraph. Various aspersions upon the working of the Chief Executive, P.M.C. M.S. Allied Hospital Faisalabad and M.S.…

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