Law:

Section:

Civil service--- ----Railway engine driver---Violation of red signal causing an accident---Dismissal from service---Tribunal by way of impugned judgment converted the major penalty of dismissal from service into that of compulsory retirement with effect from the date of dismissal---Legality---Train which was being driven by the respondent met with a catastrophic accident causing substantial loss of Rs. One Hundred and Twenty million to Railways and also loss of four innocent lives---Respondent in his reply had merely taken an evasive stand, rather on its close reading appeared to have admitted that he has moved the train while signal was red---Two defences taken by the respondent of i.e. hand signal by a gate man and the signal turning to green had not been established---Respondent had violated the red danger signal---Further, the respondent has accelerated the train to the speed of 80 kilometres per hour and did not apply emergency brakes, which charges had not been denied by the respondent---Tribunal in its impugned judgment had not considered such important aspects of the matter---Appeal was allowed, impugned judgment of Tribunal was set-aside and penalty of dismissal from service imposed upon the respondent was restored. ORDER GULZAR AHMED, C.J.---The respondent was employed as an Engine Driver in Pakistan Railways. He was issued charge-sheet and statement of allegations dated 25.10.2016. He submitted his reply dated 30.10.2016. Enquiry Committee was constituted, which conducted the regular enquiry and ultimately gave finding that the respondent was guilty of commission of offence and recommended awarding of major punishment to the respondent. The respondent was dismissed from service vide order dated 15.04.2017. He filed departmental appeal, which came to be regretted vide order dated 05.07.2017. The respondent filed service appeal in the Federal Service Tribunal, Islamabad (the Tribunal). The service appeal was heard and vide impugned judgment dated 11.06.2019, the same was partly allowed by converting penalty of dismissal from service into that of compulsory retirement from the date of his dismissal. 2. Leave to appeal was granted on 08.01.2021, relevant…

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