Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3

Law: Service Tribunals Act, 1973

Section: 5

(a) Removal from Service (Special Powers) Ordinance (XVII of 2000) [since repealed]--- ----S. 3--- Post Office Manual, Vol. VI, Chapt. 8, R. 403--- Head Postmaster (Incharge)--- Fraud in Savings Bank Accounts---Misconduct, inefficiency, connivance, abetment of fraud---Dismissal from service---Respondent (Head Postmaster) was bound to perform his duties in accordance with his job description but he was found to be reckless and incompetent---Argument that misappropriation of huge amount of public money from savings accounts was not in the knowledge of respondent was nothing but a figment of imagination and also beyond reasonable comprehension---In contrast, it was a deceptive and dishonest plea in, which in fact aggravated the degree of negligence, inefficiency and incompetence and proved that the respondent was not capable or qualified to hold any responsible post as he failed to sense any act of embezzlement and misappropriation of public money in the post office under his command, which could not have happened had the respondent performed his duties diligently and kept a vigilant eye on the books of account with periodic exercise of reconciliation for prompt checking and reporting in case any mishap or misappropriation of public funds was detected in the accounts---Being the Postmaster, he was responsible for overseeing all aspects of the post office including the management of staff and the services or products offered by the post office---Corruption of substantial sums of public money could not be taken so lightly and that was why the respondent was dismissed by the management, but the Service Tribunal without any just cause took the lenient view whereas the respondent did not deserve any compassion or sympathy---Appeal was allowed, of Service Tribunal was set-aside with the consequence that respondent was dismissed from service. (b) Service Tribunals Act (LXX of 1973)--- ----S. 5---Negligence or inefficiency---Service Tribunal---Evaluation of evidence---Scope---Sometimes little negligence or inefficiency may cause serious disaster and stern end results, therefore, at the time of appraising any act of misconduct contrasted with the penalty imposed by the…

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