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1990 SCMR 538

MUHAMMAD YOUSAF QURESHI vs THE PROVINCE OF PUNJAB and others

Citation1990 SCMR 538
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 295 of 1986
Date1988-11-23
Judge(s)Ali Hussain Qazilbash, Saad Saood Jan
ResultLeave granted

ORDER

' SAAD SAOOD JAN, J.--The petitioner was a Stamper in the District Treasury Office at Lahore. There was a defalcation of Rs,14,58,402 in the treasury. As a result, criminal as well as departmental proceedings were taken against the petitioner and other employees in the treasury. Consequent upon the disciplinary proceedings against the peitioner he was dismissed from service. He filed an appeal before the Commissioner but it was dismissed. He then approached the Service Tribunal but without any success. He now seeks leave to appeal from this Court.

2. In support of this petition it is contended that in the inquiry held by the departmental authorities he was not a party and as such he had no opportunity to defend himself; nevertheless, the Deputy Commissioner who passed the order of dismissal has used the findings recorded by the inquiry officer in dismissing him from service. That being so, the order of dismissal violated the principle of natural justice.

3. The contention raised in support of this petition needs examination. Leave to appeal is granted.

Security for costs in the sum of Rs,500. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any.

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