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MIAN KHAN versus DIRECTOR-GENERAL, TELEGRAPH & TELEPHONES ISLAMABAD


Article 212 Applicant must have retired due to disciplinary proceedings; among others, the inquiry report was not provided to the applicant which had already been done in the wrong way, which needs to be considered so as to consider the questions. Appeal to be allowed to [civil service]

1986 S C M R 1107

Present: Aslam Riaz Hussain and Muhammad Afzal Zullah, JJ

Ch. MIAN KHAN‑‑Petitioner

versus

DIRECTOR‑GENERAL, TELEGRAPH AND TELEPHONES, ISLAMABAD‑‑Respondent

Civil Petition for Special Leave to Appeal No. 116‑R of 1984, decided on 7th April, 1986.

(From the judgment of the Federal Service Tribunal, Islamabad, dated 12‑2‑1984 in Appeal No. 94(R) of 1982).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 212‑‑Petitioner compulsorily retired on account of disciplinary action‑‑Contention, amongst others, that inquiry report was not supplied to petitioner before impugned action taken, requiring consideration‑ Leave to appeal granted to consider questions.‑‑[Civil service].

Syed Mir Muhammad v. N.‑W.F.P. Government through Chef Secretary P L D 1981 S C 176; Federation of Pakistan and 2 others v. Abdul Razzaq 1983 S C M R 229 rel.

Muhammad Siddiq Siddiqi, Advocate Supreme Court and Advocate- on‑Record for Petitioner.

Date of hearing: 7th April, 1986.

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑

‑Leave to appeal has been sought from judgment, dated 12‑2‑1984 of the Federal Service Tribunal; whereby petitioner's service appeal against order of his compulsory retirement on account of disciplinary action, was dismissed.

Learned counsel, amongst others, has contended that the inquiry report was not supplied to the petitioner before the impugned action was taken. He has, in this behalf, relied on Syed Mir Muhammad v. N.‑W. F. P., Government through Chief Secretary P L D 1981 S C 176 and Federation of Pakistan and 2 others v. Abdul Razzaq 1983 SCMR 229.

This question, amongst others, raised needs consideration. Leave to appeal accordingly is granted.

The appeal shall be prepared on the same record with liberty to the parties to file additional documents, if necessary.

The appeal arising out of this petition will be heard with similar other service matters wherein the question of non‑supply of inquiry report is involved.

M. Y. H. Leave granted.

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