| Citation(s) |
|---|
| 2008 SLG 1330 2008 SLD 1330 2008 PLC 921 |
Supreme Court of Pakistan
Civil Appeal No.23 of 2006, decided on 29th February, 2008, Date of hearing: 29th February, 2008. (On appeal from the judgment dated 4-8-2004 in Appeal No.203 of 2004, passed by the Federal Service Tribunal, Lahore).
IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ
Malik Saeed Hassan, Senior Advocate Supreme Court for Appellant.
Civil Appeal No.23 of 2006, decided on 29th February, 2008, Date of hearing: 29th February, 2008. (On appeal from the judgment dated 4-8-2004 in Appeal No.203 of 2004, passed by the Federal Service Tribunal, Lahore).
IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ
Malik Saeed Hassan, Senior Advocate Supreme Court for Appellant.
TARIQ MEHMOOD
VS
DISTRICT POLICE OFFICER, TOBA TEK SINGH and another
Law: Government Servants (Efficiency and Discipline) Rules, 1973
Section: 6,5,4
Government Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 6, 5 4---Imposition of major penalty---Procedure---If major penalty was required to be imposed on any Government employee, then procedure as laid down in R.6, Government Servants (Efficiency and Discipline) Rules, 1973 was required to be adhered to---No major penalty could be imposed on a government servants unless his guilt was properly inquired into by appointing an inquiry officer or an inquiry committee within the purview of R.5 of Government Servants (Efficiency and Discipline) Rules, 1973 and the accused was served with a proper show-cause notice or charge-sheet containing statement of allegations on which the penalty was proposed to be inflicted---Where major penalty of reduction in rank was imposed on the government employees without a proper inquiry and recording of evidence, the action of the department and the of Service Tribunal affirming the departmental action, was set aside by the Supreme Court. Jan Muhammad v. The General Manager, Karachi Telecommunication Region 1993 SCMR 1440; Ghulam Muhammad Khan v. Prime Minister of Pakistan and others PLD 1994 SC 222; Nawab Khan and another v. Government of Pakistan through Secretary, Ministry of Defence and others 1996 SCMR 802; Rashid Mehmood v. Additional Inspector-General of Police and 2 others 2002 SCMR 57 and Inspector-General of Police v. Shafqat Mehmood 2003 SCMR 207 rel. JUDGMENT CH. EJAZ YOUSAF, J.--- This appeal by leave of the Court is directed against judgment, dated 4-8-2004 passed by the Federal Service Tribunal, Lahore, whereby appeal filed by the petitioner against imposition of major penalty by reduction in rank was dismissed. 2. Facts of the case, in brief are that the appellant was awarded major penalty of reduction in rank from A.S-I. to that of Head Constable by respondent No.1 vide order., dated 16-4-2003 on the basis of show cause notice, dated 17-1-2003 dispensing with regular inquiry. The allegation against the petitioner was that he, during investigation of the case F.I.R. No.163, dated 20-11-2002 under section 337-A(1)(2)/34, P.P.C., registered at Police Station, Aroti, had obtained a sum…
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