1994 PLP 2310 (SCMR)
MUHAMMAD ZAFAR IQBAL‑‑‑Petitioner Versus ASSISTANT CHIEF ORDNANCE and others‑‑‑Respondents
| Citation | 1994 PLP 2310 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Qadeer Chaudhry, Ajmal Mian and |
| Parties | MUHAMMAD ZAFAR IQBAL‑‑‑Petitioner Versus ASSISTANT CHIEF ORDNANCE and others‑‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP 2310 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 2310 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Qadeer Chaudhry, Ajmal Mian and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 2310 (SCMR) (MUHAMMAD ZAFAR IQBAL‑‑‑Petitioner Versus ASSISTANT CHIEF ORDNANCE and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Bilal, Advocate Supreme Court for Petitioner.
- Nemo for Respondents:
- Date of hearing: 9th February, 1994,
Headnotes / Summary
(On appeal from the judgment dated 23‑8‑1993 of the Federal Service Tribunal, Islamabad, passed in Appeal No. 526(0) of 1992). ‑‑‑‑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.
Judgment & Decree
‑‑‑‑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, 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.