Case Details

Citation(s)
2003 SLG 564 2003 SLD 564 2003 SCMR 1097
Supreme Court of Pakistan
Civil Petition No.701-L of 1999, decision dated: 21st May, 2002. (On appeal from the judgment/order dated 18-2-1999 passed by Punjab Service Tribunal, Lahore in Appeal No.2818 of 1997)
IFTIKHAR MUHAMMAD CHAUDHRY, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Hameed Azhar Malik, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Ms. Salma Malik, A.A.G. (Punjab) for
Respondents

ABDUL QAYYUM ABBASI

VS

INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE and others

Law:

Section:

Constitution of Pakistan (1973)--- ----Art. 212(3)---Dismissal from service---Reinstatement of colleague of civil servant in service---Failure to participate in inquiry proceedings--­Civil servant was proceeded departmentally in pursuance of charge ­sheet---During the inquiry proceedings, the civil servant was given sufficient opportunity to participate in the inquiry but he absented himself---Civil servant was dismissed from service and the dismissal order was maintained by Appellate Authority as well as Service Tribunal---Contention of the civil servant was that he had not been afforded proper opportunity of hearing and also contended that another colleague of him was reinstated in service thus he was also liable to be reinstated---Validity---Full opportunity was given to the civil servant but he himself did not participate in the proceedings---Supreme Court declined to discuss the case of the colleague of the civil servant as it was not known as -to what type of material was- brought by the Department against him and under what circumstances he was reinstated in service--­Leave to appeal was refused. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment dated 18th February, 1999 whereby Punjab Service Tribunal, Lahore dismissed the appeal filed by petitioner, calling in question the orders dated 14th May, 1996, 6th January 1997 and 7th July, 1997 passed by Superintendent of Police. C.I.A., Multan, Deputy Inspector-General of Police, Multan Range, Multan and Inspector-General of Police, Punjab, Lahore, respectively. 2. Precisely stating the facts of the case are that petitioner was proceeded against departmentally in pursuance of charge-sheet dated 19th March, 1996 based on a report submitted by Inspector Saif Ali of C.I.A., Multan vide Letter No.3/PA dated 17th March, 1996. Relevant para. There from is reproduced here in a below:-- "As per report dated 17-3-1996, submitted by the Inspector Saif Ali of C.I.A., Multan (Now dismissed) on the application of Fazal Maseeh that on 18-2-1996 I alongwith H.C. Sajjad Ahmad No.2288 was found bargaining with the relatives of the accused Sajjad George. According-to…
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