| Citation(s) |
|---|
| 2017 SLG 1001 2017 SLD 1001 2017 PLJ 147 |
Federal Service Tribunal, Islamabad
Appeal No. 642(R)CS of 2015, decided on 10.11.2016. Date of hearing: 20.10.2016.
SYED RAFIQUE HUSSAIN SHAH, JUSTICE, DR. NAZIR SAEED, MEMBERS, JUSTICE
Mr. Muhammad Atif Qureshi, Advocate for Appellant. Ms. Misbah Gulnar Sharif, Advocate for
Respondents.
Appeal No. 642(R)CS of 2015, decided on 10.11.2016. Date of hearing: 20.10.2016.
SYED RAFIQUE HUSSAIN SHAH, JUSTICE, DR. NAZIR SAEED, MEMBERS, JUSTICE
Mr. Muhammad Atif Qureshi, Advocate for Appellant. Ms. Misbah Gulnar Sharif, Advocate for
Respondents.
KHALID MEHMOOD, IRAO///SPECIAL ASSISTANT TO COMMISSIONER, INLAND REVENUE, BAHAWALPUR --Appellant
VS
CHAIRMAN///APPELLATE AUTHORITY, FEDERAL BOARD OF REVENUE, ISLAMABAD AND ANOTHER --Respondent
Law:
Section:
Removal from Service (Special Powers) Ordinance, 2000-- ----S. 4(1)(b) (i)--Reduction to lower stage equal to three increment--Show cause notice--Proceedings were not competent--Validity--Competent authority was not justified in punishing appellant by imposing a major penalty of reduction to lower stage in his current time scale equal to three increments for a period of three years rather it was required to exonerate appellant from all charges levelled against him--Since of criminal charge, were not law and appellant was acquitted on specific charges, departmental proceedings on same charges, would be wholly irrelevant and unjustified. THIS JUDGMENT DELIVERED BY: SYED RAFIQUE HUSSAIN SHAH, MEMBER:---.--- This appeal is directed against the impugned order dated 09.09.2014, conveyed to appellant on 16.09.2014, whereby a major penalty of "reduction to lower stage in his current time scale equal to three increments for a period of three years" was imposed upon the appellant under Section 4 (1) (b) (i) of Removal from Service (Special Powers) Ordinance, 2000. The appellant preferred departmental appeal against the said order on 24.09.2014 which was not responded to by the appellate authority. Therefore, he filed Writ Petition No.97/2015/Bwp in the Hon'ble Lahore High Court, Bahawalpur Bench, Bahawalpur which was disposed of vide Order dated 12.01.2015 with direction to respondent No.1 to decide the same through a speaking order after affording an opportunity of hearing to the petitioner strictly in accordance with law. In response thereto the departmental appeal of the appellant was rejected vide order dated 27.02.2015, communicated to the appellant on 03.03.2015 vide endorsement dated 03.03.2015. Hence, this appeal on 18.03.2015, which is well within the prescribed period of limitation. 2. The background of the case is that the FIA authorities raided Sales Tax Office, Multan on 27.11.1999 on the basis of information that the officials of Sales Tax, Multan had given illegal refunds of huge amounts to two fake units i.e. M/s Good Luck Impex and Pak. Exporters Multan on the basis of fake documents and had caused loss to Government in millions. The record of the Sales…
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