Case Details

Citation(s)
2007 SLG 3537 2007 SLD 3537 2007 PLJ 26
Federal Service Tribunal, Islamabad
Appeal No. 3(K)(CS) of 2004, decided on 2.12.2006
QAZI MUHAMMAD HUSSAIN SIDDIQUI AND RASHID ALI MIRZA, MEMBERS.
Mr. Sanaullah Noor Ghouri, Advocate with Appellant. Ms. Shahnaz, associate of Mr. Latifur Rehman Sarvery, Advocate for
Respondents.

TARIQ HUSSAIN---Appellant

VS

DEPUTY INSPECTOR GENERAL P.R.P., LAHORE and another--Respondents

Law:

Section:

Service Tribunals Act, 1973 (LXX of 1973)-- ----Ss. 4 & 2--Service matter--Civil Servant was constable of Railway Police--Major penalty of dismissal was imposed upon civil servant--Departmental appeal was not respondend--Assailed--Snatching of licence alongwith pistol and specified amount from passenger--No regular departmental inquiry was needed into allegations against civil servant--Preliminary inquiry with personal hearing of civil servant were not sufficient to impose major penalty of dismissal upon appellant as the civil servant had denied serious allegations of fact against him which could only be regular inquiry giving civil servant a chance to cross-examine the witnesses and to put up his defence--Held: No chance of cross-examination and putting up his defence was given to civil servant, as the disciplinary proceedings against appellant were vitiated and major penalty of dismissal of civil servant could not be sustained--Appeal allowed. [P. 28] A Judgment Qazi Muhammad Hussain Siddiqui, Member.--While the Appellant had been serving as Constable # 212 at Railway Police Station Jacobabad, a show-cause notice dated 23.9.2003, containing the following allegations, was issued to him:-- "While you detailed with train 20-DN "Khushal Khan Express" from Jacobabad to Dadu alongwith Constable No. 102 Sikandar Ali on 3.6.2003 snatched all Pakistan licence alongwith pistol and Rs. 2500/- from a passenger named Muhammad Jan R/o Karachi during search. As per finding of enquiry report you have been held responsible of the charges mentioned above which is highly objectionable from the discipline point of view." The Appellant replied the show-cause notice denying the allegations against him. Thereafter, without holding any departmental inquiry major penalty of dismissal was imposed upon the Appellant vide order dated 3.10.2003. The Appellant filed a departmental appeal against the impugned order of the punishment of dismissal from service, but his appeal was not responded to; hence, he filed this appeal before the Tribunal on 2.1.2004 under Section 4 r/w Section 2 of the Service Tribunals Act of 1973, praying to set-aside the impugned order of dismissal dated…
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