Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: 3,4(1)(b)(iii),5,6

Law: Service Tribunals Act, 1973

Section: 4

Government Servants (Efficiency and Discipline) Rules, 1973---   ----Rr. 3, 4(1)(b)(iii), 5 6---Service Tribunals Act (LXX of 1973), S.4---Removal from service---Appeal---Employee was removed from service after charge-sheeting and holding inquiry against him on charge of theft---Criminal case was also registered against employee, in which he was acquitted by competent Criminal Court---Witnesses, who appeared in departmental inquiry proceedings against employee, did not appear before Criminal Court while the charge of theft was same in both proceedings---Said conduct of witnesses, examined by Inquiry Officer in Departmental inquiry proceedings, was very relevant while determining the guilt of employee which ultimately resulted into his removal from service---Inquiry Officer was required to give definite finding as to the guilt of employee, but from his inquiry report it appeared that he was not very confident about his findings recorded against employee---Inquiry Officer however had adopted a correct legal procedure in conducting inquiry as he had recorded statements of witnesses and had also allowed employee right to cross-examine said witnesses---No defect appeared in inquiry proceedings except said minor irregularity, which had not affected inquiry proceedings in any manner---Charge against him on basis of which he was removed from service was proved---Punishment of removal from service awarded to employee, however, appeared to be very harsh, particularly when witnesses did not appear against him in criminal case against him---Punishment of removal from service, was converted into his compulsory retirement. JUDGMENT MOAZZAM HAYAT (MEMBER).--- Mirza Azeem Baig appellant was a Pump Fitter in BPS-5 in the service of the Pakistan Railways. He was posted in Central Fire Station, C W Shops. Mughalpura when he was removed from service vide order dated 30-8-1999. His departmental appeal dated 15-9-1999 was rejected on 22-11-1999. Hence this appeal wherein it is prayed that the impugned order of removal from service be set aside and the appellant be reinstated into service with back-benefits. Along with appeal an application under Section 5 of the Limitation Act,…

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