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1990 SCMR 1470

Dr.Capt. MUNAWAR TAHIR HUSSAIN vs GOVERNMENT OF THE PUNJAB through

Citation1990 SCMR 1470
CourtSupreme Court of Pakistan
Case No.Civil Petition No,790 of 1985
Date1989-05-10
Judge(s)Ghulam Mujaddid Mirza, Saad Saood Jan
ResultLeave refused

ORDER

' SAAD SAOOD JAN, J.---The petitioner was posted as Medical Officer, New Central Jail, Multan. On 23-4-1982, a female convict Mst.Martha suddenly fell ill and remained unconscious from 5 p.m. To 10 p.m. When she expired. The petitioner was informed about her condition but he failed to attend her. Consequently, he was served with a charge sheet and disciplinary proceedings were taken against him. As a result of these proceedings, he was compulsorily retired from service. He filed an appeal before the Service Tribunal which was dismissed. He now seeks leave to appeal from this Court.

2. The main contention on behalf of the petitioner is that the inquiry officer completed the proceedings without notice to him and at his back. This contention - was also raised before the Tribunal but was rejected with the following observations:- "The perusal of the said report shows that the Enquiry Officer was not inimical against the appellant, the appellant had no justification to show lack of trust in him and keep away from proceedings and than make a statement that he was proceeded ex parte".

In view of this factual position, we find no merit in the contention raised by the petitioner.

3. Another grievance of the petitioner is that the learned Tribunal has taken into account the observations of a Magistrate who was appointed to hold an inquest into the death of the convict.

This is no doubt true but a perusal of the order of the learned Tribunal leaves no room for doubt that it based its decision on the report of the Enquiry Officer after considering the defence of the petitioner at length. We, therefore, do not think that this is a fit case for interference. Leave is refused.

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