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Petitioner: Sheikh ABDUL AZIZ VS Respondent: THE ISLAMIC REPUBLIC OF PAKISTAN AND Another
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain Title: Sheikh ABDUL AZIZ vs THE ISLAMIC REPUBLIC OF PAKISTAN AND Another Case No.: Civil Petition for Special Leave to Appeal No. 989 of 1981 Appeal No. 110/107 Date of Judgment:- Reported As: 1983 SCMR 158 Result: Petition granted
Judgment ORDER ASLAM RIAZ HUSSAIN, J. -The petitioner seeks Leave to Appeal against the order of the Punjab Service Tribunal dated 30-8-1981, dismissing his appeal. He was formerly Deputy Commissioner, Campbellpur and was dis--missed from service on 21-5-1970, under M. L. R. 58. 2. The petitioner has appeared in person and submitted that it w required by MLR 58 that the charges against a civil servant against whom action was sought to be taken were to be communicated to him, who was required to submit his reply thereto, and the Military Tribunal was then required to send a report to the authority concerned on the merits of the plea taken by the said Civil Servant. He contended that in present case the Military Tribunal failed to comply with the last-mentioned mandatory provision. He submitted further that the proceedings were mala fide in as much as they had been initiated at the instance of one Col. Abdul Qayyum, who was hostile towards him and the order of his dismissal was passed under his influence. Leave is granted to consider the above-mentioned questions. To be heard on the present record with permission to file additional documents. No security is to be deposited being a service matter.