Full Judgment Text & Judicial Ruling

1994 S C M R 2310

1994 S C M R 2310

[Supreme Court of Pakistan]

Present: Abdul Qadeer Chaudhry, Ajmal Mian and Muhammad Rafiq Tarar, JJ

MUHAMMAD ZAFAR IQBAL‑‑‑Petitioner

versus

ASSISTANT CHIEF ORDNANCE and others‑‑‑Respondents

Civil Petition for Leave to Appeal No. 586 of 1993, decided on 9th February, 1994.

(On appeal from the judgment dated 23‑8‑1993 of the Federal Service Tribunal, Islamabad, passed in Appeal No. 526(0) of 1992).

Constitution of Pakistan (1973)‑‑

‑‑‑‑Art. 212(3)‑‑‑Civil servant‑‑‑Dismissal on charge of misconduct‑‑‑Service Tribunal maintaining order of dismissal from service‑‑‑Validity‑‑‑Leave to appeal was granted to consider whether enquiry conducted against civil servant on basis of which order of dismissal was passed suffered from any legal infirmity as to warrant interference by Service Tribunal or by the Supreme Court.

Shamimuddin v. Superintendent of Post Offices, Mirpur Khas Circle and others PLD 1994 SC 275-1994 PLC (C.S.) 612 ref.

M. Bilal, Advocate Supreme Court for Petitioner.

Nemo for Respondents:

Date of hearing: 9th February, 1994,

ORDER

AJMAL MIAN, J: ‑‑This is a petition for leave to appeal against the judgment dated 23‑8‑1993 passed by the Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal, in Appeal No. 526(0) of 1992 filed by the petitioner against the order dated 20‑7‑1992 of his dismissal from service passed by Chief Ordnance Officer, on the ground of misconduct referred to in the charge‑sheet dated 14‑6‑1992 dismissing the same. The, petitioner has, therefore, filed the present petition for leave to appeal.

2. In support of the above petition, Mr. M. Bilal, learned ASC appearing for the petitioner, has vehemently contended that while conducting enquiry against the petitioner, he was not given any opportunity to cross‑examine the witnesses, nor he was furnished with the copies of the statements of the witnesses as requested by him in his application at page 36 of the paper book; nor he was given sufficient time to file the reply to the charge‑sheet. In support of his above submission he has placed reliance on an unreported judgment of this Court dated 4‑12‑1991 rendered in PLD 1994 SC 275=1994 PLC (C.S.) 612 (Shamimuddin v. Superintendent of Post Offices, Mirpur Khas Circle and others).

3. We are inclined to grant leave to consider, whether the enquiry held against the petitioner on the basis of which the impugned order of his dismissal was passed suffered from any legal infirmity as to warrant interference by the Tribunal or by this Court. Leave is, accordingly, granted.

A.A./M‑2023/S Leave granted.

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