GHULAM SARWAR Versus CHAIRMAN, CENTRAL BOARD OF REVENUE

ORDER

1. MUHAMMAD AFZAL ZULLAH J .‑‑This leave to appeal petition is directed against the judgment dated 23‑10‑1985 of the Federal Service Tribunal, whereby petitioner's appeal against removal from service, on ground of misconduct was dismissed.

2. Learned counsel has contended inter alia: that an enquiry report against other persons was used against the petitioner notwith standing the fact that he was not associated in that enquiry; that the copy of enquiry report was not supplied to him; that the show cause notice does not contain proper disclosure of the charge that he was not afforded opportunity of personal hearing; that the complaint made by the petitioner against others instead of being taken seriously as required by law, has been illegally made the basis of an unusual case against the petitioner; and that the enquiry was secret. The questions raised in this petition and also the question whether in the circumstances it could at all be a case of misconduct, would need examination. Accordingly while condoning the delay, we grant leave to appeal.

3. M.I./G‑120/S Leave granted.