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1998 PLC (C.S.) 1031

Haji ABDULLAH KHAN vs THE DEPUTY COMMISSIONER, QUETTA and 3 others

Citation1998 PLC (C.S.) 1031
CourtSupreme Court of Pakistan
Case No.Civil Petition No,668 of 1995 Appeal No,476(Q) of 1994
Date1996-02-26
Judge(s)Sajjad Ali Shah, Muhammad Bashir Jehangiri, Sh. Riaz Ahmad
ResultLeave granted

ORDER

' SAJJAD ALI SHAH, C.J.---Petitioner was serving as Risaldar Major in the Federal Levies posted at Quetta when he was dismissed by the Governor of Baluchistan after enquiry on the ground of negligence in performance of duties and involvement in illegal disposal of the Government property. He filed a service appeal before the Federal Service Tribunal which has been dismissed vide order dated 5-11-1995. He seeks leave to appeal against that order of the Tribunal.

2. It is submitted on behalf of the petitioner that his case is not covered by 'Instructions Regarding Levies' framed in 1935 because in those instructions Political Agent was authorized to dismiss and not the Governor. It is further submitted that the Federal Levies are constituted and maintained by the Federal Government, hence the Governor of the Province had no authority to dismiss the petitioner and that in absence of rules, Federal Levies will be governed by the Civil Servants Act and the rules framed thereunder.

3. The learned Deputy Attorney-General present on the Court notice has submitted that the Governor acted as the agent of the President as contemplated under Article 145 of the Constitution, but candidly admitted that no notification has been issued under that provision.

4. Leave is granted to examine whether the impugned judgment is sustainable under the law in the light of the contentions mentioned above. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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