Case Details

Citation(s)
2012 SLG 1234 2012 SLD 1234 2012 PLC 280
Federal Service Tribunal, Islamabad
Appeal No.60(K)CS of 2008, decided on 27th February, 2011.
SAYED MEHAR HUSSAIN SHAHAND M.A. AZIZ, MEMBERS

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AFTAB MEHDI

VS

FEDERATION OF PAKISTAN through Prime Minister and another

Law:

Section:

JUDGMENT SAYED MEHAR HUSSAIN SHAH (MEMBER).--- The appellant, through this appeal has challenged the order dated 29-2-2008 whereby major penalty of removal from service was imposed upon the appellant. Against the said penalty, appellant preferred a departmental appeal on 15-3-2008 which remained unresponded; hence, this appeal. 2. Learned counsel for the appellant argued that the statement of charges/allegations was not issued by the inquiry committee or by the authority, whereas, the charge-sheet dated 12-12-2006/statement of allegations was not used against the appellant for awarding penalty and in the second inquiry there is no statement of allegations; hence, the entire action against the appellant is unlawful. It was argued that no witness was called and examined by the inquiry committee, as evident from inquiry reports. In both the reports, appellant was not found responsible regarding collapse of Run Pothani Bridge, but the appellant was found negligent in the second inquiry report for not processing the proposals. He argued that appellant was not provided opportunity of cross-examination to the witnesses. It was further argued that both the inquiries were conducted in question and answer form, which is not permissible. He further argued that administrative inquiry, was used against the appellant for awarding major penalty. Learned counsel argued that under the Removal from Service (Special Powers) Ordinance, 2000., major penalty cannot be imposed till regular departmental inquiry is conducted through the inquiry officer/committee, which is lacking in the case and that preliminary inquiry was used against the appellant for awarding the major penalty. The appellant in prayer clause of his appeal as well as learned counsel for the appellant in his written submissions . has alternatively prayed for remand of the matter for de novo departmental action. He also - placed reliance on judgment dated 15-3-2010 passed by the Principal Seat of this Tribunal in Appeal 4 No.426(R)CS of 2008. 3. Learned counsel appearing for the respondents contended that the order of removal from service of the appellant was issued after completion of all formalities, i.e. issuance…
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