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Civil Petition No. 969 of 1984, decided on 23rd April, 1985.

(Against the judgment and order, dated 18‑7‑1984 of the Federal Service Tribunal).

‑‑‑Art. 212(3)‑‑Leave to appeal granted to consider (i) whether Service Tribunal could justifiably pass remarks on person and conduct of employee not party to proceedings; (ii) whether Tribunal could hold that departmental punishment was in bad faith when bad faith was neither alleged nor proved against Inquiry Officer, competent authority or Appellate Departmental Authority and (iii) whether on charges proved petitioner was not liable to compulsory retirement.

Syed Iftikhar Ahmad, Advocate Supreme Court instructed by Mian Attaur Rehman, Advocate‑on‑Record for Petitioners.

Mushtaq Masood, Advocate Supreme Court with Mehdi Khan, Advocate‑on‑Record for Respondent.

Date of hearing: 23rd April, 1985.

‑Leave to appeal is granted under Article 212(3) of the Constitution to examine, inter alia, the following questions of law of public importance:‑‑

(i) Whether the Service Tribunal could justifiably hold "we cannot exonerate the Deputy Director (Muhammad Aslam)" when neither that Deputy Director nor his conduct was before the Tribunal.

(ii) Whether the Tribunal could hold that the departmental punishment awarded to the respondent was in bad faith when bad faith was neither alleged nor proved against either by the Enquiry Officer, the competent Authority or the appellate departmental authority.

(iii) Whether on charges proved, the petitioner was not liable to compulsory retirement.

A.A. Leave granted.

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