| Citation(s) |
|---|
| 2012 SLG 1239 2012 SLD 1239 2012 PLC 184 |
Federal Service Tribunal, Islamabad
Appeals Nos.1065(R)CS and 1066(R)CS of 2010, decision dated: 17-03-2011.
MOAZZAM HAYAT AND FARRAKH QAYYUM, MEMBERS
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Appeals Nos.1065(R)CS and 1066(R)CS of 2010, decision dated: 17-03-2011.
MOAZZAM HAYAT AND FARRAKH QAYYUM, MEMBERS
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NAEEM IQBAL and others
VS
FEDERATION OF PAKISTAN through Secretary, Ministry of Defence, Government of Pakistan and 2 others NAEEM IQBAL and others vs FEDERATION OF PAKISTAN through Secretary, Ministry of Defence, Government of Pakistan and 2 others
Law:
Section:
Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss. 3 & 10---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service---Appellants were dismissed from service on the allegation that they were found involved in misconduct and illegal and immoral activities---Charge against the appellants was vague as alleged illegal/immoral activity had not been defined---Law required that charge levelled against civil servant in the disciplinary proceedings should be specific and comprehensive---Civil servant must know as to what particular allegation was levelled against him---Departmental representative had stated that appellants were involved in an incident in which a woman had been hired---Such explanation, did not meet the ends of justice---Appellants should have been informed of that allegation in the show-cause notice and specific roles should have been assigned to them---Charge-sheet showed that allegations of general nature were levelled against the appellants and on those ambiguous allegations no penalty could be imposed upon them---Counsel for Authorities had indirectly conceded that appellants were not informed of the specific charge against them---Such being the factual position, the entire proceedings were of no legal consequence--Impugned orders of dismissal from service passed against the appellants were set aside and they were reinstated into service, in circumstances. Fazal Qadir Qureshi for Appellants. Liaqat Ali, Sub-Engineer and Zulfiqar Ali Shah, Head Clerk Garrison Engineer Army, as D.R. Date of hearing: 17th. March, 2011. JUDGMENT MOAZZAM HAYAT (MEMBER).--- With this judgment we shall decide Appeals Nos.1065 and 1066(R)CS of 2010 filed by appellants Muhammad Iqbal and Jamil Ahmed who were found involved in illegal and immoral activities on 26-5-2009 at 1600 hours as intimated by COD Kala Jhelum. On this charge they were issued notices on 7-10-2009 and 23-12-2009 and were awarded penalty dismissal of service vide order dated 30-1-2010 under the Removal from Service (Special Powers) Ordinance, 2000. Their departmental appeals were rejected on 15-6-2010. Hence these appeals. 2. It is maintained by the respondents that both…
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