Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: 4(1)(B)(II)

Law: Constitution of Pakistan, 1973

Section: 212(3)

Government Servants (ED) Rules, 1973-- ----Rule 4(1)(b)(ii)--Constitution of Pakistan, 1973, Art. 212(3)--Compulsory retirement--Non-conducting of regular inquiry--Piece of evidence without forensic test--Major penalty--CCTV footage--Proof of--Service Appeal filed by respondent was accepted, whereby penalties of compulsory retirement and reduction to lower rank awarded to him were set aside--On basis of a CCTV footage showing that respondent was allegedly receiving bribe from two passengers, he was proceeded against departmentally--Appellate authority on appeal filed by respondent converted major penalty of compulsory retirement into major penalty of reduction of lower rank--No regular inquiry was conducted by petitioner Department and same was dispensed with on ground that other evidence in shape of CCTV footage is so authentic that major penalty can be imposed upon respondent in absence of regular inquiry and while imposing major penalty CCTV footage was made sole criterion to proceed against respondent--Said CCTV footage was never sent to office of Forensic Science Laboratory for its authenticity--Mere producing of CCTV footage as a piece of evidence without any forensic test is not sufficient to be relied upon--Service Tribunal has passed a well reasoned to which no exception can be taken--This petition having no merit is accordingly dismissed and leave to appeal is refused. PLD 2019 SC 675 ref. JUDGMENT Sayyed Mazahar Ali Akbar Naqvi, J.- Through this petition under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have assailed the judgment dated 08.01.2020 passed by the Federal Service Tribunal, Islamabad, whereby the Service Appeal filed by the respondent was accepted, whereby the penalties of compulsory retirement and reduction to the lower rank awarded to him were set aside. 2. Briefly stated the facts of the matter are that the respondent being Havaldar, Customs Headquarter, Model Customs Collectorate was posted at New Islamabad International Airport and was assigned the duty of checking and diverting the passengers towards Customs Counters. On the basis of a CCTV footage showing that the respondent was…

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