MUHAMMAD AKBAR QURESHI vs GOVERNMENT OF PAKISTAN and 2 others
The matter arises from a petition seeking leave to appeal against the order of the Service Tribunal, Government of Pakistan, dated 13-11-1980, filed by an ex-Assistant Central Intelligence Officer. The core legal question concerns whether the impugned order of the Tribunal was passed without holding a proper inquiry and without providing an opportunity of hearing, thereby condemning the petitioner unheard. The Court held that the contentions raised were not devoid of force and granted leave to appeal. The key principle established is that an adverse service order passed without a proper inquiry and opportunity of hearing warrants a grant of leave to appeal for a fuller examination of the legality of condemning a person unheard.
- Whether an order passed by a Service Tribunal without holding a proper inquiry is contrary to law?
- Does failure to afford an opportunity of hearing violate the principles of natural justice amounting to condemning a person unheard?
ORDER
1. ' GHULAM MUJADDID, J.--Muhammad Akbar Qureshi son of Ghulam Mohy-ud-Din Qureshi, ex- Assistant Central Intelligence Officer, resident of 65-J, Model Town, Lahore, seeks leave to appeal against the order of the Service Tribunal, Government of Pakistan, dated 13-11-1980.
2. Learned counsel appearing in support of this petition contended, inter alia, that without holding a proper inquiry and without giving an opportunity of hearing to the petitioner which amounts to condemning him unheard, the order of the Tribunal is contrary to law.
3. ' The submission is not devoid of force. We grant leave to appeal.
4. ' Security Rs, 5,000. Appeal to be prepared on the present record. Parties are at liberty to file additional documents, if they so wish, within two months.