Law: Federal Service Tribunals Act, (LXX of 1973)

Section: 4

Federal Service Tribunals Act, 1973-- ----S. 4--Government Servants (Efficiency Discipline) Rules, 1973, Rr. 4 5(iii)(a) (b) R/W R. 4--Issuance of show-cause notice--Allegations of manipulation in attested photocopies of forms 45--Fact finding inquiry--Inquiry report--Reduction to lower post--Departmental appeal--Rejected--Canon of audi alterm partem--Challenge to--Inquiry officer has fixed responsibility upon appellant on an inference that was drawn by him on point that after having recorded statement of all concerned officers/ persons of both Centres i.e. Karachi and Islamabad, he could not find any one directly responsible for alleged offence in question nor any evidence has come on record against any one, however, from statement of appellant and his position, as appellant is only person in whole process, who was found during course of hearing very stressed, though he did not plead guilty but justification as to incident given by him in last paragraph of statement shows that he is involved and responsible for this act--Before passing impugned order for imposition of penalty, no show cause notice was given by competent authority to appellant nor personal hearing has been afforded to appellant neither by competent authority nor by appellate authority before rejecting departmental appeal of appellant which is not sustainable under law as same is hit by Canon of audi alteram parteni inasmuch as no one should be condemned unheard and that in instant matter, where a major penalty was imposed, departure from this mandatory provision of law shall cause serious prejudice to appellant--Appeal was allowed. JUDGMENT Rizwan Ali Dodani, Member.- By means of the instant appeal, the appellant above-named, has impugned the order dated 01.10.2019 whereby a major penalty has been imposed against him in terms of reduction to lower post. The appellant also impugned the appellate order dated 22.11.2019 whereby his departmental appeal dated 04.11.2019 has been rejected. 2. Facts of the case as set out in the memo of appeal are that the appellant was served with a show cause notice dated 12.04.2019 on the charges of manipulation/interpolation in the attested photocopies of Forms-45…

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