Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain, Shafi-ur-Rehman Title: GENERAL MANAGER (ADMN.) And Another vs SHAFI AHMAD KHAN Case No.: Civil Petition No. 969 of 1984 Date of Judgment:1985-04-22 Reported As: 1985 SCMR 1699 Result: Leave granted

Judgment ORDER SHAFIUR RAHMAN, J.--Leave to appeal is granted under Article 212(3) of the Constitution to examine, inter alia, the following questions of law of public importance:-- (i) Whether the Service Tribunal could justifiably hold "we cannot exonerate the Deputy Director (Muhammad Aslam)" when neither that Deputy Director nor his conduct was before the Tribunal. (ii) Whether the Tribunal could hold that the departmental punishment awarded to the respondent was in bad faith when bad faith was neither alleged nor proved against either by the Enquiry Officer, the competent Authority or the appellate departmental authority. (i.e) Whether on charges proved, the petitioner was not liable to compulsory retirement.

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