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Petitioner: Haji ABDULLAH KHAN VS Respondent: DEPUTY COMMISSIONER, QUETTA and 3 others
Court Name: Supreme Court of Pakistan Judge(s): Sajjad Ali Shah, Muhammad Bashir Jehangiri, Sh. Riaz Ahmad Title: Haji ABDULLAH KHAN vs DEPUTY COMMISSIONER, QUETTA and 3 others Case No.: Civil Petition No,668 of 1995 Appeal No,476(Q) of 1994 Date of Judgment:1996-02-26 Reported As: 1998 SCMR 2734 Result: Leave granted
Judgment ORDER ' SAJJAD ALI SHAH, C.J.---Petitioner was serving as Risaldar Major in the Federal Levies posted at Quetta when he was dismissed by the Governor of Balochistan after enquiry on the ground of negligence in performance of duties and involvement in illegal disposal of the Government property. He filed a service appeal before the Federal Service Tribunal which has been dismissed vide order dated 5-11-1995. He seeks leave to appeal against that order of the Tribunal. 2. It is submitted on behalf of the petitioner that his case is not covered by 'Instructions Regarding Levies' framed in 1935 because in' those instructions Political Agent was authorised to dismiss and not the Governor. It is further submitted that the Federal Levies are constituted and maintained by the Federal Government, hence, the Governor of the Province had no authority to dismiss the petitioner, and that, in absence of rules, Federal Levies will be governed by the Civil Servants Act and the rules framed thereunder. 3. The learned Deputy Attorney-General present on the Court notice has submitted that the Governor acted as the agent of the President as contemplated under Article 145 of the Constitution, but candidly admitted that no notification has been issued under that provision. 4. Leave is granted to examine whether the impugned judgment is sustainable under the law in the light of the contentions mentioned above.
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