Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: GHULAM SARWAR VS Respondent: CHAIRMAN, CENTRAL BOARD OF REVENUE
1988 S C M R 1756
1988 S C M R 1756
Present: Muhammad Afzal Zullah and Abdul Kadir Shaikh, JJ
GHULAM SARWAR‑‑Petitioner versus
CHAIRMAN, CENTRAL BOARD OF REVENUE and another‑‑Respondents
Civil Petition No.8‑R of 1987, decided on 21st June, 1988.
(On appeal from the judgment and order of the Federal Service Tribunal, Islamabad dated 23‑10‑1985 in Appeal No.41‑R of 1985).
(a) Government Servants (Efficiency and Discipline) Rules,1973‑‑
‑‑‑Rr.5 & 6‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑Removal from service on charge of misconduct, challenged‑‑Contentions raised that enquiry report against other persons was used against petitioner notwithstanding the fact that he was not associated in that enquiry; that copy of enquiry report was not supplied to him; that show‑cause notice did not contain proper disclosure of the charge; that petitioner was not afforded opportunity of personal hearing; that complaint made by petitioner against others instead of being taken seriously as required by law, had been illegally made basis of an unusual case against the petitioner; and that the enquiry was secret‑‑Leave to appeal granted to consider these questions and also the question whether in the circumstances it could at all be a case of misconduct.
(b) Constitution of Pakistan (1973)‑‑
‑‑Art.212(3)‑‑Government Servants (Efficiency and Discipline) Rules, 1973, Rr.5 & 6‑‑Leave to appeal, grant of‑‑Limitation‑‑Time‑barred petition for leave to appeal‑‑Removal from service‑‑Charge of misconduct‑‑Petitioner not afforded opportunity of personal hearing or defence‑‑Delay condoned and leave granted.
M.S.Siddiqui, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 21st June, 1988.
ORDER
MUHAMMAD AFZAL ZULLAH J.‑‑This leave to appeal petition is directed against the judgment dated 23‑10‑1985 of the Federal Service Tribunal, whereby petitioner's appeal against removal from service, on ground of misconduct was dismissed.
Learned counsel has contended inter alia: that an enquiry report against other persons was used against the petitioner notwith standing the fact that he was not associated in that enquiry; that the copy of enquiry report was not supplied to him; that the show cause notice does not contain proper disclosure of the charge that he was not afforded opportunity of personal hearing; that the complaint made by the petitioner against others instead of being taken seriously as required by law, has been illegally made the basis of an unusual case against the petitioner; and that the enquiry was secret. The questions raised in this petition and also the question whether in the circumstances it could at all be a case of misconduct, would need examination. Accordingly while condoning the delay, we grant leave to appeal.
M.I./G‑120/S Leave granted.