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Civil Petition No. 1237 of 1984, decided on 11th November,1985.
(On appeal from the judgment, dated 4‑11‑1984 of the Federal Service Tribunal, Islamabad in Appeal No. 197(R) of 1984 (112(L) of 1984).
‑‑Art. 212(3)‑‑Service Tribunals Act (LXXI of 1973), S.4‑‑Removal from service‑‑Order of dismissal of petitioner from service, was converted by Service Tribunal into removal from service‑‑Such order not suffering from any illegality‑‑Leave to appeal refused.
‑‑‑Art. 212(3)‑‑Service Tribunals Act (LXXI of 1973), S.4‑‑Removal from service‑‑Petitioner's dismissal from service converted into removal from service by Service Tribunal‑‑Department ordered to allow him service benefits to which petitioner might be entitled to.
Asghar Khadim, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 11th November, 1985.
The petitioner, who was serving as Sub‑Inspector, Circle In charge 'B', Loco Shed, Lahore, was dismissed from service. The appeal filed by him before the Federal Service Tribunal failed except for converting the order of dismissal into one of removal from service. Hence, he has now approached this Court for leave to appeal.
The charges on which the petitioner has ultimately been removed from service were:‑‑
(1) That he disobeyed the order of the S. R.P. , Lahore to attend a meeting convened by the latter on 10‑2‑1983.
(2) That the manoeuvred to make wrong/false entry in the Roznamcha of the Track Supply Depot, Raiwind and subsequently, removed the same from the Roznamcha.
These do not appear to be the real cause for his removal. To us it appears that as the petitioner had an exaggerated notion of his own honesty, uprightness and rectitude and was making a nuisance himself in the department, the department being fed up of this "odd ball" got rid him when it got a chance. However, as the order of his dismissal, which was reduced to removal by the Federal Service Tribunal, does not suffer from any illegality and is not infirm on the legal plane, no case for interference by this Court is made out.
The learned counsel for the petitioner has stated that the petitioner is being denied certain service benefits to which he is entitled. Since he has only been removed from service and not dismissed, the department should, in case this plea is correct, allow him all the service benefits to which he is entitled.
This petition, with these observations, is dismissed.
M . Y . H . Petition dismissed.
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