Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973-------Rr. 2(4), 4(b), 5 & 6---Service Tribunals Act (LXX of 1973), S. 4---Constitution of Pakistan, Art. 212(3)---Dismissal from service---Misconduct, inefficiency and negligence of duty---Imposition of penalty upon appellant after he was found guilty of such charges by Inquiry Officer---Dismissal of appeal by Service Tribunal---Validity---Inquiry Officer was not inimical towards appellant---Inquiry Officer had given full opportunity to appellant to cross-examine witnesses and lead evidence in defence---Inquiry Officer had found material against appellant establishing his guilt---Supreme Court dismissed petition for leave to appeal in circumstances. Ch. Muhammad Rafique Warriach, Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 27th May, 2011. ORDER TASSADUQ HUSSAIN JILLANI, J.---Petitioner while serving as Inspector Customs was proceeded against after preliminary inquiry on charges of misconduct as follows:-- "Whereas it has been reported that you Mr. Abdul Ghafoor Sheikh Inspector while posted at Dryport Lahore visited the Airport Lahore on 13-4-1995 and connived with a passenger namely Khalid Mehmood bound for Dubai for smuggling of Pakistani currency of Rs. 50,00,000 and clandestinely granted Customs clearance to the said passenger by stamping and initialing his ticket. 2. This behaviour and action on your part tantamounts to gross misconduct, inefficiency and negligence of duty, which comes within the meaning of "Misconduct" as defined under Rule 2(4) of Government Servants (E&D) Rules, 1973 and warrants imposition of major penalty of dismissal from service under Rule 4(b) ibid. 3. Now, therefore, you Mr. Abdul Ghafoor Sheikh, Inspector Customs are hereby charge sheeted on the basis of allegations contained in the enclosed statement of allegations. In order to provide you adequate opportunity of defence, it has been decided to hold a formal enquiry against you. 4. Mr. Ghulam Sarwar Khichi, Deputy Secretary, Inquiry Wing Lahore has been appointed as Inquiry Officer under Rule 5 read with Rule 6 ibid to conduct enquiry into…

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