Muhammad Riaz vs Wapda and 2 others
This matter arises from a petition for leave to appeal against the dismissal of the petitioner's appeal by the Federal Service Tribunal, which had upheld his dismissal from service on charges of serious misconduct. The petitioner was accused of misconduct bordering on criminal offences, specifically involving the receipt of an illegal gratification, which was supported by material on record, including his own admission. The core legal question before the Supreme Court was whether the case raised any substantial question of law of public importance to warrant interference with the Tribunal's findings. The Court held that no such question of law of public importance was made out in the case. Consequently, the Supreme Court refused to grant leave to appeal, thereby upholding the concurrent findings regarding the establishment of the charges and the resulting dismissal from service.
- Does an appeal involving concurrent findings on misconduct by a service tribunal raise a question of law of public importance warranting leave to appeal?
- Can an admission of receiving illegal gratification support a charge of serious misconduct in service matters?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought; against the dismissal by the Federal Service Tribunal; of petitioner's appeal against dismissal from service on the ground of misconduct.
2. The petitioner was charged with serious misconduct bordering on criminal offences. The learned Members of the Tribunals relying on the material against him including an admission made by him of having received the amount of Rs,1,700 (which was alleged to have been paid to him as illegal gratification for another person) came to the conclusion that the charge was fully established against him.
3. After hearing the learned counsel in support of this petition we do not find any question of law of public importance in this case. Leave to appeal, therefore, is refused.