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Government Servants (Conduct) Rules, 1964-- ----R. 10--Service Tribunals Act, 1973--S. 4--Constitution of Pakistan, 1973--Art. 212(3)--Leave to appeal--Civil servant--Dismissal from service--Money lending on interest basis--Inquiry initiated--Recommendation--Major penalties prescribed in Removal from Service (Special Powers) Ordinance, 2000 for misconduct be imposed on the civil servant--Tribunal was dismissed the appeal owning to involve in the interest bearing lending business--Violation of--Bar for civil servants--Department had become hostile and biased towards him and consequently out of the malice and ill-will the department succeeded in initiating the departmental proceedings which culminated into his dismissed from service--Held: Civil servant was not beneficiary and the Tribunal while recording against him did not consider all these aspects of the matter and merely a person who stood surety for taking loan by someone did not constitute an offence of misconduct--Tribunal had not justified in upholding the punishment imposed by the department--Leave to appeal was accepted with direction to reinstate the civil servant with all back benefits. [Pp. 768 & 770] A, B & C Order Abdul Hameed Dogar, J.--Petitioner seeks leave to appeal against the judgment dated 24.9.2004 of the Federal Service Tribunal, Islamabad, (hereinafter referred to as `the Tribunal'), whereby Appeal No. 798 (R)CS of 2002 filed by him was dismissed. 2. Briefly, stated the facts giving rise to the filing of instant petition are that petitioner on 15.8.1988 joined Pakistan Narcotics Control Board (PNCB). On the complaint of the employees of the Anti-Narcotics Force (ANF), Police Station ANF, Gilgit, regarding money lending on interest basis, an inquiry was initiated by two different officers, namely, Mr. Sarzaman Khan, DSP Gilgit and Mr. Raji-ur-Rehmat, Assistant Director ANF, Gilgit against the petitioner. On 26.01.2002 a charge was framed against the petitioner. The Inquiry Officer submitted his report on 21.2.2002 in which he recommended that one of the major penalties prescribed in the Removal from Service (Special Powers) Ordinance, 2000 for misconduct be imposed on the…

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