Case Details

Citation(s)
2008 SLG 1313 2008 SLD 1313 2008 PLC 845
Federal Service Tribunal, Islamabad
Appeal No.1986(K) of 1998, decided on 6th February, 2008.
MUHAMMAD, JAVED ASHRAF HUSSAIN AND SALIM GUL SHAIKH, MEMBERS

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TAYYAB HUSSAIN QURESHI

VS

CHAIRMAN, CENTRAL BORAD OF REVENUE and others

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

Section: 4(1)(b)(iv)

Law: Service Tribunals Act, 1973

Section: 4

Government Servants (Efficiency and Discipline) Rules, 1973---   ----Rr. 4(1)(b)(iv) 5---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service---Appeal---Penalty of dismissal from service was imposed on appellant after issuing him show-cause notice and holding inquiry against him on charges of gross misconduct and inefficiency---All charges levelled against appellant had been established in detailed enquiry report submitted by Enquiry Officer---Appellant claimed that he was called for personal hearing on date when he was bed-ridden; and that he requested for fixing another date after he was in a position to travel---Authorities, on the other hand, had stated that appellant was called for personal hearing on four occasions and each time he failed to turn up---Assertion had not been contradicted by the side of appellant---Effect---Authorities had made every effort to provide appellant a fair opportunity for his defence and could not have waited indefinitely to decide the case---Appellant having failed to provide sufficient evidence in support of his contentions, his appeal was rejected. JUDGMENT SALIM GUL SHAIKH (MEMBER).--- This appeal has been filed under section 4 of the Service Tribunals Act, 1973 assailing the impugned order dated 27-7-1998 whereby major penalty of dismissal from service has been imposed on the appellant. The appellant preferred departmental appeal dated 21-8-1998 against the decision which was addressed to Secretary, Revenue Division. He was informed vide letter dated 2-9-1998 that his appeal should be addressed to the appellate authority, i.e. the Prime Minister. Consequently, the appellant submitted his departmental appeal dated 22-9-1998 addressed to the Prime Minister. There is nothing on record about its disposal. Thereafter, the appellant filed this appeal before the Tribunal. 2. Briefly, the facts leading to the filing of this appeal are that the appellant is an employee of the Income Tax Department having joined service in 1966 as Steno Typist. He was promoted to the rank of Income Tax Officer BS-16 on 8-3-1994, after serving the department in various capacities. In September, 1996 the appellant was transferred to…
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