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Civil Petition for Special Leave to Appeal No. K‑62 of 1978, decided on 12th January, 1980.

(On appeal from the judgment and order of the Service Tribunal, Islamabad dated 10‑1‑1978 in Appeal No. 47 (K) of 1977).

‑‑ Art. 185‑No legal question of any public importance involved in case‑Petition for special leave to appeal dismissed as having no merit.

Muzafar Hussain, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing : 12th January, 1980.

‑The petitioner seeks special leave to appeal against the order of the Service Tribunal, Islamabad, dated 10th of January, 1978, by which Appeal No. 47 (K) was dismissed.

The petitioner who is a driver refused to obey the order as on 6th of January, 1976, to drive the car of the Assistant Collector (Preventive), on the ground that he was a sepoy for which disciplinary proceedings were instituted against him and he was dismissed from service : and his appeal to the Central Board of Revenue against it was also dismissed. He next instituted the present appeal began the Service Tribunal, Islamabad, for redress but did not succeed as it was held that as a sepoy he worked as a driver and further that he was guilty of insubordination.

The learned counsel for the petitioner seeks special leave to appeal against the order on the short ground that being a sepoy he could not be transferred against a driver's vacancy but that objection was decided against him as he was held to be working as a driver in that capacity. As for his act of insubordination, it was also established against him. As no legal question of any public importance is involved, we see no merit in this petition; and equally there is no merit in his submission that he was not guilty of any wanton behaviour.

Accordingly, the petition is dismissed.

Petition dismissed.

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