Law:

Section:

(a) Civil service--- ----Corruption---Removal from service---Confession during inquiry---Plea of duress and pressure for making confessional statement---Respondent was unable to demonstrate from the record that he had made any grievance as to his confessional statement being made under duress and pressure---Award of major penalty of removal from service against the respondent was restored. (b) Civil service--- ----Corruption---Removal from service---Confession during inquiry---Raising technical plea to dispel effect of a confession---Service Tribunal set aside the order of removal of respondent-civil servant and ordered de-novo inquiry in consideration of the fact that the witness who deposed against the respondent during inquiry was not examined in presence of the respondent---Legality---Merely raising a technical question that the witness who deposed against the respondent was not examined may alone not be sufficient to dispel the effect of a confession made by him before the inquiry officer---Service Tribunal had misdirected itself by taking a too lenient view in the matter of corruption (committed by the respondent) in a disciplined force---Petition for leave to appeal was converted into appeal and allowed and impugned of Service Tribunal was set aside. THIS ORDER PASSED BY: MUSHIR ALAM, J.--- Respondent was departmentally proceeded for financial impropriety. After holding due inquiry and investigation in the matter, he was awarded major penalty of removal from service on 29.09.2014; his departmental appeal could not be decided within time, therefore, he approached the Service Tribunal against the impugned order dated 29.09.2014. The learned Service Tribunal in consideration of the fact that the witness who deposed against the respondent was not examined in presence of the respondent, set aside the order of removal from service and directed the petitioner to initiate de novo inquiry. 2. Learned Deputy Attorney General has drawn our attention to the first confessional statement of the respondent recorded after receipt of the complaint , which is available at page 41 of C.M.A. No. 875-K/2018, wherein to a question, the respondent made following statement…

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