Full Judgment Text & Judicial Ruling

1991 S C M R 1870

1991 S C M R 1870

Present: Shafiur Rahman and Rustam S. Sidhwa, JJ

MUHAMMAD SALIM QURESHI‑‑‑Petitioner

versus

CHAIRMAN, CENTRAL BORAD OF REVENUE, ISLAMABAD and another‑‑‑Respondents

Civil Petition for Leave to Appeal No.94‑R of 1989, decided on 18th February, 1990.

(From the judgment of the Federal Service Tribunal, Islamabad dated 18‑12‑1988 passed in Appeal No.162(R) of 1987).

Constitution of Pakistan (1973)‑‑‑

‑‑‑‑Art.212(3)‑‑‑Leave to appeal was granted to examine question, whether a legal error had been committed by Service Tribunal in coming to its conclusion.

Shah Abdur Rashid, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioner. Nemo for Respondents.

Date of hearing: 18th February, 1990.

ORDER

SHAFIUR RAHMAN, J.‑‑‑Leave to appeal is granted to examine inter alia the question, whether a legal error has been committed by the Tribunal in coming to the conclusion as hereunder:‑‑

"We have perused the record presented before us by the respondents department very carefully. We are of the view that indeed there were certain lapses committed by the Inquiry Officer with regard to recording the evidence. However, there was sufficient evidence on record to prove the guilt of the appellant beyond any shadow of doubt. We, therefore, arc of the considered view that there is no need to remand the case for a fresh inquiry as nothing startling is likely to come out in the process."

Without identifying or specifying the nature of the lapse and its effect on proceeding.

H. B.T./M‑1257/S Leave granted.

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