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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: NAZIR AHMAD VS Respondent: CHIEF ENGINEER (AC&R), TARBELA DAM PROJECT WAPDA, TARBELA And Another
Court Name: Supreme Court of Pakistan Judge(s): Fazal Ilahi Khan, Saleem Akhter, Shafi-ur-Rehman Title:NAZIR AHMAD vs CHIEF ENGINEER (AC&R), TARBELA DAM PROJECT WAPDA,
TARBELA And Another Case No.: Civil Petition for Leave to Appeal No. 180 of 1993 Appeal No. 12(R) of 1992 Date of Judgment:1993-10-10 Reported As: 1994 PLC (C.S.) 417 Result: Leave granted Judgment ORDER SHAFIUR RAHMAN, J: --Leave to appeal is granted under Article 212(3) of the Constitution to examine the following questions of law of public importance arising in the case:-- (1)Whether two delinquent civil servants could at all be jointly tried in a departmental enquiry? (2)Whether such a trial has not materially prejudiced the petitioner as he was prevented from cross-examining an important witness (Abdul Hameed) whose evidence was utilized for arriving at the guilt of the petitioner? (3)Whether the stand taken by Abdul Hameed was not itself contradictory? In reply to the charge- sheet he pleaded that he had handed over the measurement book to the petitioner. Soon thereafter on 28-4-1989 he reported to the Police that the measurement book was lost while in his custody and was untraceable. (4)Whether the Chairman of the Service Tribunal was not in error in taking the view that after the lapse of a year, the period for which reduction in rank of the petitioner was ordered as a punishment, the service appeal had become infructuous.