MUNIR HUSSAIN SHAH versus SECRETARY, PROVINCIAL ASSEMBLY, PUNJAB LAHORE
Article 5 Constitution of Pakistan (1973), Article 1212 (3) Applicability of service dismissal In light of the third inquiry, the civil servant was dismissed from the service and the service tribunal rendered by the public servants was dismissed. The appeal filed against the order was retained. In two other similar cases, the service tribunal remanded the cases to the de novo inquiry but their appeal was dismissed by the service tribunal verdict, each case having its own facts and circumstances and its merits. The decision had to be made by the service tribunal or the Supreme Court. Judicial principles can be formulated only when there are similar facts and circumstances. In the present case, in the third inquiry, two to four charges were different from the charges leveled against other employees whose cases were remanded for de novo inquiry. Since this principle of consistency was not attracted, the inquiry officer made the selection / recommendation against the civil servant. The charges made against him and the recommendations made by the inquiry officer were authorized by the Punjab Service Tribunals Act. Admitted to exercising his powers under Section 5 of 1974, the same government employee refused to intervene, failing to raise any questions about the law. The Supreme Court was denied leave to appeal by interfering with the guarantee of public importance
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