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Civil Petition for Special Leave to Appeal No. 989 of 1981, decided on
29th March, 1982.
(Against the judgment of the Punjab Service Tribunal, Lahore, dated 33rd August 1981, passed in Appeal No. 110/107 of 1974).
‑‑ Dismissal from service‑Proceedings allegedly initiated mala fide at instance of a colonel hostile towards concerned civil servant‑Order alleged to have been passed under influence of such colonel and in non compliance of mandatory provisions of M. L. R.‑58 by Military Tribunal‑Appeal before Service Tribunal dismissed‑Leave to appeal against order of Service Tribunal in circumstances, granted by Supreme Court‑Punjab Service Tribunals Act (IX of 1974) and Constitution of Pakistan (1973), Art. 212 (3).
Petitioner in person.
Nemo for Respondents.
Date of hearing : 29th March, 1982.
‑The petitioner seeks Leave to Appeal against the order of the Punjab Service Tribunal dated 30‑8‑1981, dismissing his appeal. He was formerly Deputy Commissioner, Campbellpur and was dis missed from service on 21‑5‑1970, under M. L. R. 58.
2. The petitioner has appeared in person and submitted that it w required by MLR 58 that the charges against a civil servant against whom action was sought to be taken were to be communicated to him, who was required to submit his reply thereto, and the Military Tribunal was then required to send a report to the authority concerned on the merits of the plea taken by the said Civil Servant. He contended that in present case the Military Tribunal failed to comply with the last‑mentioned mandatory provision. He submitted further that the proceedings were mala fide in as much as they had been initiated at the instance of one Col. Abdul Qayyum, who was hostile towards him and the order of his dismissal was passed under his influence.
Leave is granted to consider the above‑mentioned questions.
To be heard on the present record with permission to file additional documents.
No security is to be deposited being a service matter.
Petition granted.
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