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

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

Law: Service Tribunals Act, 1973

Section: 4

Government Servants (Efficiency and Discipline) Rules, 1973---   ---Rr. 3(1)(b), 4(1)(b)(iii) 5---Service Tribunals Act (LXX of 1973), S.4---Removal from service---Appeal---Major penalty of removal from service after charge-sheeting civil servant, but without holding any departmental inquiry on allegation of misconduct---Preliminary inquiry, though was held into the allegation against appellant, but he was not given any chance to cross examine the witnesses against him---Appellant having denied all allegations against him, holding of regular departmental inquiry was absolutely essential to bring home the charge to the appellant---Preliminary inquiry held against appellant was not sufficient to impose the major penalty of dismissal upon him---No chance of cross-examination and putting up his defence having been given to appellant disciplinary proceedings against him were vitiated and major penalty of removal from service imposed upon him could not be maintained---Allowing appeal impugned order of removal of appellant from service, was set aside with direction to Authority to reinstate appellant in service from the date of his removal.    2005 TD (Service) 332; 2004 PLC (C.S.) 1591; 2005 TD (Service) 328; 2005 PLC (C.S.) 614; PLJ 2Q04 Tr.C. (Services) 166; 1993 SCMR 603; 2004 SCJ 455; 1997 TD (Service) 346; 2004 PLC (C.S.) 595; 1986 PLC (C.S.) 894; 1986 CLC 1408; 1994 PLC (C.S.) 1273 and PLJ 2003 TRC (Service) 69 ref. JUDGMENT RASHID ALI MIRZA (MEMBER).--- While the appellant had been serving as Junior Commercial Assistant (B) at Chanesar Halt, a charge-sheet dated 25-11-1997 along with statement of allegations, containing the following allegations, was issued to him:-- Case F.I.R. No.4 of 1994, dated 21-1-1994 under sections 420/ 409/468/471, P.P.C. read with section 5(2) Act II of 1997 of R.P.S./Karachi City. That you Rahim Bux Solangi son of Dhani Bux resident of Railway Colony, Karachi City, while posted a Commercial Assistant (Booking) in Booking Officer/KYC on 16-1-1992 deposited Rs.100 with Government revenue against EFT No.310116 as per record and accounts foil positions for one passenger booked Ex; KYC to Quetta for train 3-Up Bolan Mail…

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