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2001 PLC(CS) 77

FAYYAZ HUSSAIN vs NATIONAL RADIO TELECOMMUNICATION CORPORATION

Petitioner: FAYYAZ HUSSAIN VS Respondent: NATIONAL RADIO TELECOMMUNICATION CORPORATION

Court: Supreme Court of Pakistan Decision Date: 1999-12-20

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s):Wajihuddin Ahmed, Mamoon Kazi, Saeeduzzaman Siddiqui, Kamal Mansur

Alam Title: FAYYAZ HUSSAIN vs NATIONAL RADIO TELECOMMUNICATION CORPORATION Case No.: Civil Appeal No,946 of 1998 Appeal No,152(P) of 1998 Date of Judgment:1999-12-20 Reported As: 2001 PLC (C.S.) 77 Result: Appeal dismissed Judgment ORDER ' This appeal was dismissed by the Tribunal on merits as well as on the ground of limitation. The Hon'ble Tribunal held on merits as follows:-- "3. The contentions of the learned counsel for the appellant have been considered. The appellant is seeking remedy before us after a period of nearly 14 years. The facts of the case have been narrated above. Show-cause notice was issued to the appellant, on 25-11-1984, stating that he made false complaint to the General Manager, NRTC with copies to high-ranking officers that a relative of an influential employee of NRTC had supplied substandard goods. On the receipt of this complaint, an inquiry was conducted by the Inquiry Officer and it was found that the complaint made by the appellant was baseless and false. The appellant was given full opportunity of cross- examining the witnesses and to produce defence witnesses. Inquiry Officer gave a finding that the charge against the appellant stood proved. The General Manager issued final show-cause notice, on 29-12-1984. After going through the inquiry proceedings and the inquiry report, the competent Authority, the General Manager, found the appellant guilty of misconduct and he passed an order of dismissal on 31-12-1984. The record shows that proper inquiry had been conducted and there was no illegality warranting interference with the impugned order of dismissal of the appellant." There appears to be no legal infirmity in the above findings of the Tribunal. Since the appeal was dismissed by the Tribunal on merit, the A contention that the view taken by the Tribunal that the appeal was also barred by limitation is of no consequence as in spite of reversal of the finding of the learned Tribunal on the question of limitation, the end result will be the same. No case for

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interference with the judgment of the Tribunal is made out. The appeal is dismissed but there will be no orders as to costs.

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