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

Section: 4(1),(b),(iv)

Government Servants (Efficiency and Discipline) Rules, 1973--- ----R. 4(1)(b)(iv)---Mechanical engineer in Pakistan Railways---Gross negligence, carelessness and failure to perform duty diligently, efficiently and conscientiously---Dismissal from service---In the tender documents, no specific measurement of the Bitumen Tape was mentioned by the appellant and the question of quantity was kept open which opened the door for fraud which was consequently committed---Contracts of such nature were required to mention specific quantities of goods required in order to ensure that the exchequer was not unduly burdened with excessive procurement or over payment---Appellant was negligent and careless in performance of his duties which led to a loss of Rs.38,39,734/- where in the first instance he did not mention any quantity of Bitumen Tape required, thereafter did not supervise actual use of the Bitumen Tape and finally without due verification mechanically and negligently approved bills raised by the contractor which led to over payment of Rs.38,39,734---Measurements given by the appellant were not supported by the work actually performed---Three successive inquiries were conducted at three different levels by qualified and experienced officers of Pakistan Railways who had no apparent bias against the appellant---In all three inquiries the appellant was found guilty---Penalty of dismissal was sustainable on the basis of the fact that gross negligence, carelessness and failure to perform his duty diligently, efficiently and conscientiously stood established from the record---Appeal was dismissed. ORDER IJAZ UL AHSAN, JUSTICE:---.--- This appeal arises out of a judgment of the Federal Service Tribunal, Islamabad dated 22.10.2018. Through the impugned judgment an appeal filed by the Appellant (now deceased) was dismissed. This Court granted leave to appeal vide order dated 06.01.2020 in the following terms: "Learned counsel for the petitioner contends that no regular enquiry was conducted against the petitioner on the allegation that he has made embezzlement and fraud in the Pakistan Railways Funds. He contends that whatever the quantity of Bitumen Tapes were ordered to be…

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