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Petitioner: FEDERATION OF PAKISTAN VS Respondent: NOOR HUSSAIN PATHAN
1997 P L C (C
1997 P L C (C. S.) 164
[Supreme Court of Pakistan]
Present: Sajjad Ali Shah, C. J. and Muhammad Bashir Khan Jehangiri, J
FEDERATION OF PAKISTAN through Secretary, Narcotics Control Division, Ministry of Interior and Narcotics Control, Government of Pakistan, Islamabad and another
versus
NOOR HUSSAIN PATHAN
Civil Petition No. 625 of 1995, decided on 10th April, 1996.
(On appeal from the judgment dated 27‑6‑1995 of the Federal Service Tribunal in Appeal No. 73(R)/95).
Government Servants (Efficiency and Discipline) Rules, 1973‑‑‑
‑‑‑‑R. 4‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Misconduct‑‑ Dismissal from service‑‑‑Service Tribunal ordering reinstatement of civil servant‑‑‑Validity‑‑‑Petitioners' (Government's) contention was that Service Tribunal had not gone through entire record, particularly statements of certain witnesses‑‑‑Petitioner drew attention of Court to First Information Report wherein civil servant had admitted that accused person was in his custody when he escaped‑‑‑Petitioner's further contention was that authorised officer had given cogent reasons to disagree with third inquiry report, and such reasons were stated in show‑cause notice issued to civil servant‑‑‑Leave to appeal was granted to consider whether decision of Service Tribunal was sustainable in law and had been made after proper appraisement of entire record.
Raja M. Bashir, Deputy Attorney‑General with Ejaz Muhammad Khan, Advocate‑on‑Record for Petitioners.
Nemo for respondent.
Date of hearing: 10th April, 1996.
ORDER
SAJJAD ALI SHAH, C.J.‑‑‑Respondent Noor Hussain Pathan, Field Investigating, Officer of Pakistan Narcotics Control Board, was dismissed from service on the charge that he aided and abetted in the escape of a smuggler who was in his custody. The Federal Service Tribunal allowed his appeal and in consequence reinstated him with back benefits. Feeling aggrieved, Federation of Pakistan through Secretary, Narcotics Control Division, and the Chairman, Pakistan Narcotics Control Board, Rawalpindi have filed this petition seeking leave to file appeal against the decision of the Federal Service Tribunal.
2. Raja M. Bashir, learned Deputy Attorney‑General, submitted before us that in respect of the charge mentioned above on three occasions in the past inquiry was held: In the first instance, the authorised officer did not agree with the finding of the enquiry officer and held that the inquiry was not properly conducted in the second instance, the enquiry officer gave finding to‑the effect that the respondent was not guilty and the same finding was given in the third report. It appears that the Federal Service Tribunal was impressed by this factor in coming to the conclusion it has.
3. Contention raised before us is that the Federal Service Tribunal has not gone through the entire record and particularly the statement of P.C. Zakir Hussain and the statement on oath of the respondent. Our attention is also drawn to the F.I.R. filed by the respondent in which it is stated that Said Jamal was in his custody and escaped. It is further contended that the authorised officer has given cogent reasons to disagree with the third inquiry p report and such reasons are stated in the show‑cause notice issued to the respondent.
4. Leave is granted to consider as to whether the decision of the Federal Service Tribunal is sustainable in law and has been made after proper appraisement of the entire record.
A.A./F‑395/S Leave granted.