| Citation(s) |
|---|
| 2004 SLG 911 2004 SLD 911 2004 SCMR 465 |
Supreme Court of Pakistan
Civil Petition No.254 K of 2003, decision dated: 23rd December, 2003.(On appeal from the judgment dated 7 3 2003 of the Federal Service Tribunal at Karachi, passed in Appeal No. 1025 K of 1999)
SYED DEEDAR HUSSAIN SHAH AND ABDUL HAMEED DOGAR, JJ
M. M. Aqil Awan, Advocate Supreme Court and Ms. Wajahat Niaz, Advocate on-Record for Petitioners.
Respondent in person
Civil Petition No.254 K of 2003, decision dated: 23rd December, 2003.(On appeal from the judgment dated 7 3 2003 of the Federal Service Tribunal at Karachi, passed in Appeal No. 1025 K of 1999)
SYED DEEDAR HUSSAIN SHAH AND ABDUL HAMEED DOGAR, JJ
M. M. Aqil Awan, Advocate Supreme Court and Ms. Wajahat Niaz, Advocate on-Record for Petitioners.
Respondent in person
HOUSE BUILDING FINANCE CORPORATION and another
VS
SHAHID HASSAN KHAN
Law:
Section:
Service Tribunals Act (LXX of 1973)-----S.5(1) . Constitution of Pakistan (1973), Art.212(3) Misconduct ¬Dismissal from service Service Tribunal modifying the order of dismissal of civil servant into compulsory retirement in exercise of powers under S:5(1), Service Tribunals Act, 1973 Validity Employee had served the Department for a period of 32 years, as such, the punishment of dismissal from service was harsh and instead order for compulsory retirement would have met the ends of justice Petition for leave to appeal against the of the Service Tribunal was dismissed by the Supreme Court. Water and Power Development Authority v. Sh. Zulfiqar Ali PLD 1988 SC 693; WAPDA, Lahore and 2 others v. Manzoor Ahmad Arif 1994 SCMR 1042 and M. Naseem Akhtar v. H.B.F.C., Nawabshah Appeal No.1055 (K) of 1999 distinguished. JUDGMENT ABDUL HAMEED DOGAR, J. Petitioners seek leave to appeal against the judgment dated 7 3 2003 passed by the learned Federal Service Tribunal, at Karachi, (hereinafter referred to as `the Tribunal') whereby the order of dismissal of the respondent was modified into compulsory retirement. 2. Briefly, stated the facts of the instant petition are that the respondent joined, the petitioner's Organization as L.D.C. in 1967 and over the years was promoted as District Manager and in the year; 1988 while he was posted at Karachi, was called upon to explain the position in respect of false verification reports of 225 loan cases. He denied the charges vide his reply dated 15 4 1999. Whereafter, on 10 10 1998, the respondent was issued a show cause notice with the allegations that while he was posted as District Manager, Nawabshah, had carried out site inspections in 225 investment cases and also reported false inspection reports and on the basis of which the investments in 91 cases were released whereas the plots were found open, which amounted to misconduct. He was also charged with the preparing of false inspection reports which resulted in release of investments in 134 cases wherein the construction was found at a level which could not qualify for the release of investment installments. He submitted his reply to the charge sheet, denying the allegations and…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492