ASLAM RIAZ HUSSAIN, J.--This petition by the Government is directed against the order of a learned Single Judge of the High Court dated 16-4-1985 dismissing its 'Civil revision in a service matter.
2. Facts briefly, are that Muhammad Munir respondent was working as a Senior Chargeman in the Carriage and Wagon Workshop. Moghalpura Lahore. He was charged with having received illegal gratification and after the inquiry he was issued notice of discharge (from service) by the Works Manager. The said notice was challenged by the respondent through a civil suit in the civil Court at Lahore, which was dismissed. Muhammad Munir respondent then filed an appeal which was allowed by the Additional District Judge. The Government thereupon filed a Civil Revision before the High Court which did not succeed.
Hence he present petition by the Government.
3. It is urged by the petitioner's counsel that the only ground on which Muhammad Munir respondent had challenged his notice of discharge was that the Works Manager who had passed the discharge order had not applied his mind to the facts of the case and the report of the Inquiry Committee which (according to the respondent) had not held him guilty of the charge of accepting illegal gratification.
The learned Additional District Judge and the learned High Court, on the other hand, decided the matter on the ground that the notice of discharge of the respondent was not issued by the appointing authority, which in this case was the Superintendent (Mechanical) Workshop, and held the notice as invalid.
3. Learned counsel for the petitioner has urged before us that theHigh Court has decided the matter on wholly extraneous ground which was never taken up by the respondent in his pleadings and that it was not justified in deciding the case on a ground which was not in issue in the trial Court.
Leave is, therefore, granted to consider whether the Additional District Judge and the High Court were justified in taking the view, in the circumstances of this case, that the discharge notice was not valid because it had not been is sued by the relevant authority. Stay already granted shall continue.