SCMR 1986

1986 PLP 1637 (SCMR)

MUHAMMAD YOUSAF — Petitioner Versus DIRECTOR-GENERAL, PAKISTAN RANGERS — Respondent

Jurisdiction / Court
High Court
Decided Date
Civil Petition for Leave to Appeal No. 155-K of 1986, decided on 11th June, 1986.
Honorable Judges
Abdul Qadir Shaikh, S. A. Nusrat and Zaffar Hussain Mirza, JJ
Case Reference Summary (AEO Optimized)
Citation 1986 PLP 1637 (SCMR)
Forum / Court High Court
Bench Members Abdul Qadir Shaikh, S. A. Nusrat and Zaffar Hussain Mirza, JJ
Parties MUHAMMAD YOUSAF — Petitioner Versus DIRECTOR-GENERAL, PAKISTAN RANGERS — Respondent
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1986 PLP 1637 (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1986 PLP 1637 (SCMR)?

The case was heard and decided by the High Court bench comprising: Abdul Qadir Shaikh, S. A. Nusrat and Zaffar Hussain Mirza, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1986 PLP 1637 (SCMR) (MUHAMMAD YOUSAF — Petitioner Versus DIRECTOR-GENERAL, PAKISTAN RANGERS — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Muhammad Ali Shaikh, Advocate Supreme Court and Faizanul Haq, Advocate-on-Record for Petitioner.
  • Nemo for Respondent.
  • Date of hearing: 11th June, 1986.
  • Muhammad Ali Shaikh, Advocate Supreme Court and Faizanul Haq, Advocate‑on‑Record for Petitioner.

Headnotes / Summary

(On appeal from the judgment and order of the Federal Service Tribunal, dated 14-1-1986 in Appeal No. 147(K) of 1983).

Art. 212(3)--Service Tribunals Act (LXX of 1973), S.4--Compulsory retirement--Only plea urged by petitioner, that he was harshly treated in matter of sentence not raised by him before Service Tribunal- Petitioner, held, could not be allowed to raise such fresh plea for the first time--Punishment awarded to petitioner otherwise legal and warranting no interference--Leave to appeal refused.

Judgment & Decree

Muhammad Ali Shaikh, Advocate Supreme Court and Faizanul Haq, Advocate‑on‑Record for Petitioner. Nemo for Respondent. Date of hearing: 11th June, 1986. ABDUL QADIR SHAIKH, J.‑‑This is a petition for leave to appeal from the judgment of Federal Service Tribunal dismissing petitioner's appeal against the order of his compulsory retirement from service. The aforesaid order was passed against the petitioner after a departmental enquiry on the charge that he had failed to report on duty on the expiry of leave. The Service Tribunal held that there was no defect in the departmental enquiry held against the petitioner and "the charge that he was guilty of misconduct in so far so, that while on leave he obtained a medical certificate from a private practitioner to justify his absence, knowing well that the same is not acceptable as per Pakistan Rangers (Leave) Rules, 1981 stands substantiated against the appellant and betrays an irresponsible attitude from a member of a disciplined force which can hardly be approved." The only plea raised by the learned counsel for the petitioner in support of this petition for leave to appeal from the judgment of the Service Tribunal was that the petitioner was harshly treated in the matter of sentence. This plea was not raised on behalf of the petitioner before the Service Tribunal and he cannot, therefore, be allowed to raise this fresh plea for the first time before this Court. Even otherwise since the petitioner has been awarded the punishment which is otherwise legal, interference would not be justified. The petition is, therefore, dismissed. M . Y . H . Petition dismissed.