| Citation(s) |
|---|
| 2025 SLG 141 2025 SLD 141 2025 PLJ 10 |
Appeal No. 1021(R)CS of 2023, decided on 13.8.2024. Date of hearing: 13.8.2024.
JUSTICE (R) ROOH-UL-AMIN KHAN, CHAIRMAN AND IMTIAZ AHMAD KHAN, MEMBER
Mr. Muhammad Shabbir Bhutta, Advocate along with Appellant. Ch. Sajid Mehmood, Assistant Attorney General along with Mr. Gulam Rasool Lashari, Assistant Director, M/o NHSR&C, as DR.
ALI ASGHAR--APPELLANT
VERSUS
SECRETARY, MINISTRY OF NATIONAL HEALTH SERVICES, REGULATION & COORDINATION, GOVERNMENT OF PAKISTAN AND 2 OTHERS--RESPONDENTS
Law: Service Tribunals Act, 1973
Section: 4
Service Tribunals Act, 1973 (LXX of 1973)--
----S. 4--Appointed as LDC--Promotion as UDC--Allegation of corruption--Removal from service--Departmental appeal--Rejected--Issuance of show-cause notice--Disciplinary proceedings--Suspended--Compulsory retirement--Confession--Recovery of missing item--Major penalty of compulsory retirement from service had been imposed upon appellant as a result of departmental proceedings on charge of huge shortage of store items--The appellant confessed his guilt and deposited Rs. 2404000/- from his own pocket--The Inquiry Committee also held appellant responsible for guilt of misconduct, further disciplinary proceedings were not mandatory--Proper chance of defence was provided to appellant to defend himself against allegations during inquiry by issuing him charge sheet, appointment of inquiry committee, issuing him a show cause notice along with report of inquiry committee and affording him chance of personal hearing, but he failed to rebut allegations, which were duly proved against him by a duly constituted inquiry committee--This tribunal Find no valid justification to interfere with departmental action and orders impugned, as department had already showed exemplary leniency by inflicting penalty of compulsory retirement--Appeal dismissed.
ORDER
Justice (R) Rooh-ul-Amin Khan, Chairman.--Through the instant appeal filed under Section 4 of the Service Tribunals Act, 1973, the appellant has prayed for setting aside the impugned order dated 26.07.2023 of compulsory retirement from service as well as appellate impugned order dated 04.10.2023 and his reinstatement in service with all back benefits.
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