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

Section: 3(1)(b)(c),5(1)(a),10

Law: Service Tribunals Act, 1973

Section: 4

Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ---Ss. 3(1)(b)(c), 5(1)(a) 10---Service Tribunals Act (LXX of 1973), S.4---Demotion---Appeal---Penalty of demotion was imposed upon appellant after charge-sheeting him and holding inquiry against him on charges that he had used extra official means in securing ante-dated seniority and subsequent promotion in violation of relevant rules---Appellant was exonerated from the charges against him in departmental inquiry, but competent Authority did not accept the recommendation of the Inquiry Officer and ordered for de novo departmental inquiry in which appellant was held guilty of the charges and after issuing him show-cape notice and his personal hearing, impugned penalty was imposed upon appellant---No action was taken against two other employees who along with appellant were held guilty of the allegations/charges, without any cogent reasons---Appellant, in circumstances was subjected to worst kind of discrimination as he was the only person who was penalized without any cogent, reasons---Impugned order of penalty passed against appellant could not be maintained on the ground of said discrimination alone---Impugned order of demotion of appellant was set aside with direction to authorities to restore appellant to his original position with all consequential benefits. JUDGMENT QAZI MUHAMMAD HUSSAIN SIDDIQUI (MEMBER).---Advocates for the parties are present. Heard them and perused the record of the appeal. 2. The appellant had been serving as Deputy Manager, R. M. H. D. (Raw Material Handling Department) of Steel Mills when he was issued statement of allegations and charges dated 20-11-2001 which is reproduced as under: PAKISTAN STEEL (Central Maintenance Department) No.CMD/Admn./(Enq-6245)/2001/642 dated 20th November, 2001 Mr. Basharat Hussain, Deputy Manager (P.No.038504), R. M .H. D., Pakistan Steel. Statement of allegations and charges As per order, dated 16th November, 2001 passed by the competent authority under section 2 (Advocate for the appellant) read with sections 3 and 5 of the Removal from Service (Special Powers) Ordinance, 2000 as amended, the undersigned has been appointed as…

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