| Citation(s) |
|---|
| 2007 SLG 1548 2007 SLD 1548 2007 SCMR 1008 |
Supreme Court of Pakistan
Civil Appeal No.398 of 2004, decision dated: 21st December, 2006. (On appeal from the judgment, dated 12-4-2001 of the Federal Service Tribunal, Islamabad in Appeal No.1624(K) of 1998)
ABDUL HAMEED DOGAR AND GHULAM RABBANI, JJ
M.M. Aqil Awan, Advocate Supreme Court for Appellant. Ms. Soofia Saeed, Standing Counsel for
Respondents. Akhlaq Ahmed Siddiqui, Advocate-on-Record for
Respondent
Civil Appeal No.398 of 2004, decision dated: 21st December, 2006. (On appeal from the judgment, dated 12-4-2001 of the Federal Service Tribunal, Islamabad in Appeal No.1624(K) of 1998)
ABDUL HAMEED DOGAR AND GHULAM RABBANI, JJ
M.M. Aqil Awan, Advocate Supreme Court for Appellant. Ms. Soofia Saeed, Standing Counsel for
Respondents. Akhlaq Ahmed Siddiqui, Advocate-on-Record for
Respondent
MUHAMMAD SALEEM
VS
FEDERATION OF PAKISTAN through President Presidents Secretariat, Islamabad and 3 others
Law:
Section:
(a) Foreign Exchange Bearer Certificate Rules, 1985--- ----R. 4---Central Board of Revenue's Circular No.4, dated 1-7-1985---Foreign Exchange Bearer Certificate---Bearer of `such certificate would be immune from disclosing source of income---Principles. (b) Government Servants (Efficiency and Discipline) Rules, 1973------ ----Rr. 5 & 6---Inquiry Officer deputing another Officer to hold inquiry and record statement of witness---Validity---Such act of Inquiry Officer would be without lawful authority. (c) Government Servants (Efficiency and Discipline) Rules, 1973------ ----Rr. 3(b), 4(1)(ii)(iv), 5 & 6---Misconduct, charge of---Authorised Officer recommended penalty of compulsory retirement---Competent Authority, while imposing penalty of dismissal from service neither gave show-cause notice to civil servant nor recorded reason for dissenting with penalty recommended by Authorized Officer---Impugned penalty was against the settled norms of justice, thus was not sustainable in law. Muhammad Ismail Solangi v. Deputy Inspector-General, Pakistan Railways Police HQs Office Lahore and others 2002 PLC (C.S.) 255; Rafi Ahmed Pervaiz Bhatti v. Government of Pakistan Cabinet Secretariat, Establishment Division through Secretary Establishment PLD 2003 SC 382; Jan Muhammad v. The General Manager, Karachi Telecommunication Region, Karachi and another 1993 SCMR 1440 and Managing Director, N.B.F. Islamabad and others v. Muhammad Arif Raja PLD 2006 SC 175 ref. (d) Government Servants (Efficiency and Discipline) Rules, 1973------ ----R. 4(1)(i)(iv)---Order of dismissal of from service---Essentials---Such order must be based on some evidence. Samiuddin Qureshi v. Collector of Customs PLD 1989 SC 335 fol. JUDGMENT ABDUL HAMEED DOGAR, J. --- This appeal with leave of this Court is directed against judgment, dated 12-4-2001 passed by learned Federal Service Tribunal, Islamabad (hereinafter referred to as "the Tribunal") whereby Appeal No.1624(K) of 1998 filed by appellant was dismissed. 2. Briefly, stated facts giving rise to the filing of instant appeal are that appellant was appointed as Inspector BPS-11 in the Federal Investigation Agency in the year 1977. He was promoted…
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