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COLLECTOR OF CENTRAL EXCISE & LAND CUSTOMS versus ASLAM ALI SHAH


The R10A and the Constitution of Pakistan (1973), Article 185 (3) Council, have the potential to be involved in a large number of cases where a party is entitled to be represented by a lawyer in the departmental proceedings. Appeal to Atta [Councilor and Client Civil Services]

1982 S C M R 519

Present : Abdul Kadir Shaikh and Shafi‑ur‑Rahman, JJ

COLLECTOR OF CENTRAL EXCISE AND LAND CUSTOMS AND 2 OTHERS‑Petitioners

Versus

ASLAM ALI SHAH, INSPECTOR, CENTRAL EXCISE AND LAND CUSTOMS, FAISALABAD‑Respondent

Civil Petition for Special Leave to Appeal No. 1260 of 1980, decided on 4th April, 1981.

(On appeal from judgment of Lahore High Court dated 14‑6‑1980 in Writ Petition No. 2776‑S‑1980).

Government Servants (Efficiency and Discipline) Rules, 1973‑

‑ R. 10‑A and Constitution of Pakistan (1973), Art. 185(3)‑Counsel, appearance of‑Departmental proceedings‑Whether a party entitled ‑to be represented through a counsel in departmental proceedings against him‑Important question of law likely to effect large number of cases involved‑Leave to appeal granted.‑[Counsel and client‑Civil services].

Syed Iftikhar Ahmad, Deputy Attorney‑General and Muhammad Aslam Chattha, Advocate‑on‑Record for Petitioner.

Mumtaz Hussain, Senior Advocate Supreme Court and Iqbal Ahmad, Advocate‑on‑Record for Respondent.

Date of hearing : 4th April, 1980.

ORDER

ABDUL KADIR SHAIKH, J.

‑The question for consideration in this petition is whether in the face of specific provisions of rule 10‑A of the Government Servants (Efficiency and Discipline) Rules, 1973 that no party to any proceed ings under the rules shall be represented by an Advocate, the High Court has taken the correct view that the respondent is entitled to be represented through a counsel for the departmental proceedings being held against him.

This is an important question of law likely to affect large number of cases and, therefore, deserves an authoritative decision by this Court. Special leave is granted.

Appeal to be made ready on the present record and fixed for an early hearing. It is open to the parties to file additional documents, if any.

The consideration of the request for suspension of the impugned order of the High Court is deferred to a date in office. The case to come up again/ at the request of the learned counsel for the petitioner after notice to the learned counsel for the caveator.

Leave granted.

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