Law: Service Tribunals Act, 1973

Section: 4

Service Tribunals Act, 1973 (LXX of 1973)-- ----S. 4--Appointment as mail peon--Promotion as clerk--Removal from service--Denovo inquiry--Statement of allegations--Issuance of show-cause notice--Inquiry report--Arrest of--Acquittal of--Punishment order--Dismissal from service--Departmental appeal--Rejected--Appeal--Allowed--Reinstated from service--Direction to--Non-providing of opportunity of cross-examination--No fresh witness was recorded nor any opportunity of cross-examination was granted to appellant as directed by this Tribunal in therein it has specifically mentioned a fresh inquiry on all charges be made respondent-Department has not complied with direction as issued by Tribunal in its --Therefore, impugned orders are not sustainable in eyes of law--It has also been observed by Honble Supreme Court of Pakistan that Inquiry Officer, who is not well conversant of procedure and instructions for conducting disciplinary proceedings, may cause harassment to accused civil servant and wastage of time--Therefore, for conducting a regular inquiry, a well conversant Inquiry Officer may be appointed to conduct same--A fresh inquiry be conducted and proper respective evidence be recorded to learn real facts--Respondent-Department is bound to comply with direction of Tribunal, passed in --Hence impugned orders are set aside is reinstated into service with all back benefits--Respondent-Department is directed to finalize a de novo inquiry/fresh inquiry within a period of six months definitely--Appeal was accepted. [P. 36] A B 1997 SCMR 1073 ref. Judgment Ch. Shahid Naseer, Member.--Briefly stated the facts of the instant service appeal are that, the appellant was appointed as Mail Peon (BS-02) and later on promoted as Clerk (BS-07) on 24.4.2008. He was awarded with a major penalty of “Removal from Service” vide order dated 20.10.2010, which was set aside by this Tribunal on 18.7.2011 and in consequence thereof he was reinstated with the direction to conduct a de novo inquiry. In compliance thereof, the said judgment, an order of inquiry dated 17.10.2011 was issued and the Authority communicated the charges alongwith the statement of allegations. Thereon, the appellant…

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