Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3,5,6

Law: Service Tribunals Act, 1973

Section: 4

Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ----Ss. 3, 5 6---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service after charge-sheeting and holding inquiry against employee on charges of committing gross misconduct, negligence of duty and careless attitude---Inquiry Officer, who conducted the inquiry, found the employee guilty of the charges levelled against him---Major penalty of dismissal from service, however, was too harsh, especially when the co-accused of the employee had been awarded a minor penalty of withholding of increment for two years, which tantamounted to discrimination---Even otherwise charges of inefficiency, slackness and lack of control levelled against the employee did not warrant major penalty which was imposed on him---Impugned order was set aside and major penalty of dismissal from service was converted into minor penalty of withholding of increments for two years from the date of dismissal of the employee from service.    2005 SCMR 1617; 2003 PLC (C.S.) 317 and 2002 SCMR 610 ref. JUDGMENT ZAHEER AHMED (MEMBER).---This is an appeal against the impugned notification, dated 2-4-2007 (issued on 16-4-2007 and received by the appellant on 17-4-2007) whereby major penalty of dismissal from service was imposed on the appellant under section 3 of Removal from Service (Special Powers) Ordinance, 2000. His departmental appeal dated 24-4-2007 remained un-responded. After waiting for statutory period of 60 days, he filed the instant appeal before the Federal Service Tribunal on 21-7-2007 to invoke the appellate jurisdiction. 2. Brief facts of the case are that the appellant while serving as Assistant Engineer/Track (BS-17) Pakistan Railways, Khanewal, was issued a charge-sheet dated 21-11-2005 along with statement of allegations on account of committing gross misconduct, negligence of duty and careless attitude. The allegations are as under:--- (1) With your connivance Mr. Muhammad Sohail, Front Man of Mr. Faqeer Muhammad, Contractor has illegally cut down 98 green trees at Mian Channu, Chichawatni, Sahiwal Stations and has thus caused a loss of Rs.6,73,750 to the Railways on his account. (2) The…

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