SHAFIUR RAHMAN, J: --The Federation of Pakistan and its functionaries, seek leave to appeal under Article 212(3) of the Constitution against the judgment of the Federal Service Tribunal dated 9-2- 1988 whereby the dismissal of the respondent from service was set aside.
2. The order of dismissal of the respondent from service, recited in great detail the misconduct of the petitioner and concluded as hereunder:-- "Taking into consideration the facts stated above and the grounds of accused official's conduct which led to his conviction and sentence of fine/imprisonment by the Court of M.I.C. Mardan in the criminal tees which involved moral turpitude. I the authority (MA.G.) in exercise of the powers conferred under Rule 8(a) of the Government servants (Efficiency and Discipline) Rules, 1973, hereby order that Mr. Asadullah Junior Auditor-23620 (under suspension w.e.f 5-5-1980) be dismissed from service with effect from the date of issue of this Order."
The Tribunal allowed the appeal of the respondent on the following grounds:-- "In view of the above legal position, we are of the view that the action taken by the respondent department under Rule 8(a) ibid is not valid. Clause (b) of Rule 8 ibid is amply clear on the subject.
The Appellant should have been given a show-cause notice because he was at that time available in the department and there was no difficulty to effect the service. The judgment of the Supreme Court (Shariat Appellate Bench) in the case of Pakistan and others v. Public-at-Large (PLD 1987 SC 304) that no one can be proceeded against without giving him a show-cause notice, has also clarified this point and has become a settled law now."
3. The question raised in this petition is whether where dismissal follows conviction in cases involving moral turpitude, still a show cause procedure is required to be undergone. The Rules exempt such a procedure. Leave to appeal is granted to examine, whether notwithstanding Rule 8 the show cause procedure has still to be observed in such a case.
4. As the law point involved is a short one let the appeal be made ready for hearing at an early date.