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Petitioner: SHAMSHAD ALI VS Respondent: SENIOR POSTMASTER (DELIVERY) and others
Court Name: Supreme Court of Pakistan Judge(s): Sajjad Ali Shah, Muhammad Bashir Jehangiri Title: SHAMSHAD ALI vs SENIOR POSTMASTER (DELIVERY) and others Case No.: Civil Petition No, 662 of 1995 Date of Judgment:1996-04-08 Reported As: 1998 SCMR 2322 Result: Leave granted
Judgment ORDER ' SAJJAD ALI SHAH, C.J.---The grievance of the petitioner is that he was charge-sheeted on the ground that there was temporary misappropriation of the amount of Rs,4,24,500 for which explanation was furnished by him that he deposited it late due to overburden of work, but his explanation was not accepted and straightaway order of major penalty retiring him from service compulsorily was passed. Without any enquiry. Perusal of the order of compulsory retirement passed on 30-3-1995 is indicative of the fact that in view of admission in the written defence statement, personal hearing was granted which shows that summary procedure was adopted dispensing with regular enquiry. It is contended before us that the procedure prescribed under Rule 5 of the Government Servants (Efficiency and Discipline) Rules, 1973 was not followed and that there was no order passed or reasons assigned for dispensing with regular enquiry and ordering holding of summary enquiry. In support of the proposition, reliance is placed on the case of Muhammad Iqbal v. Federation of Pakistan (1995 SCM R 1042). 2. Leave is granted to examine this case in the light of the contention mentioned above.