| Citation(s) |
|---|
| 2008 SLG 1366 2008 SLD 1366 2008 PLC 1094 |
Federal Service Tribunal, Islamabad
Appeal No.201(K)(C.S.) of 2005, decided on 22nd December, 2006, Date of hearing: 21st December, 2006.
RASHID ALI MIRZA AND MUHAMMAD, JAVED ASHRAF HUSSAIN, MEMBERS
Sanaullah Noor Ghouri for Appellant. Mujahid Hashmi, L.A. Departmental Representative for
Respondents.
Appeal No.201(K)(C.S.) of 2005, decided on 22nd December, 2006, Date of hearing: 21st December, 2006.
RASHID ALI MIRZA AND MUHAMMAD, JAVED ASHRAF HUSSAIN, MEMBERS
Sanaullah Noor Ghouri for Appellant. Mujahid Hashmi, L.A. Departmental Representative for
Respondents.
ALI MUHAMMAD
VS
DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS, KARACHI and 2 others
Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)
Section: 3,5(4),10
Law: Service Tribunals Act, 1973
Section: 4
Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----Ss. 3, 5(4) 10---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service---Appeal---Penalty of dismissal from service was imposed upon appellant after issuing him show-cause notice, but without holding regular inquiry against him on charge of misappropriation of amount---Major penalty was imposed on appellant on the basis of preliminary inquiry---No reason was shown for dispensing with regular inquiry against appellant, despite the fact that appellant had denied serious allegation of misappropriation of amount against him---Said grave and serious infirmities in the disciplinary proceedings against appellant having vitiated the proceedings, impugned order of dismissal from service passed against appellant by the Authorities could not be sustained---Case, in circumstances was remanded with direction to the authorities to reinstate appellant and hold de novo disciplinary proceedings against him on the same allegations/charges within specified period. 2001 SCMR 256; 2001 PLC (C.S.) 296; 2003 PLC (C.S.) 353; SBLR 2003 TR 164; 1985 PLC (C.S.) 636; 1996 PLC (C.S.) 868; 1997 SCMR 1543=1997 PLC (C.S.) 817; 2003 PLC (C.S.) 497; 2003 PLC (C.S.) 1546; 2003 PLC (C.S.) 1527; 2004 PLC (C.S.) 470; PLD 1982 SC 176; 1987 SCMR 1562; 1996 SCMR 201; PLJ 2003 TRC (Service) 66; 2005 TD (Service) 328; 2005 PLC (C.S.) 1527; 2002 SCMR 57; 2003 PLC (C.S.) 395 and 514; 2003 SCMR 681; 2005 PLC (C.S.) 1544; 2005 PLC (C.S.) 1504; 2005 PLC (C.S.) 1565; 1997 SCMR 1543=1997 PLC (C.S.) 817 and 2004 SCMR 316=2004 PLC (C.S.) 344 ref. 1984 PLC (C.S.) 641; 1986 PLC (C.S.) 894; PLD 1994 SC 222 and 1985 PLC (C.S.) 245 rel. JUDGMENT RASHID ALI MIRZA (MEMBER).--- Brief facts for the disposal of this appeal, are that the appellant was appointed as relieving Commercial Clerk and was subsequently promoted as Senior Commercial Assistant (Booking). On 9-3-2005, he was issued show-cause notice along with statement of charges by respondent No.2 alleging therein that he had misappropriated an amount of Rs.10,955 during the month of June and July, 2004 while issuing E.F.Ts. to the passengers, which amount…
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